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mm  mwmmMSn 


OF  THE  PROCEEDINGS   OF 


THE  PROVINCIAL,  CONGRESS* 


OF 


NORTH   CAROLINA, 


HELD    AT 


HALIFAX,  ON  THE  FOURTH  DAY  OF  APRIL,  177& 


PUBLISHED  BY  AUTHORITY. 


NEWBERN: 

Printed  by  James  Davis,  Printer  to  the  Honourable  the  House  of  Assembly," 

MDCCLXXVI. 

Reprinted  in  pui'suance  of  a  resolution  of  the  General  Assembly  of  North  Carolina,  passed  ^J! 

the  sesiionof  1830-'31. 


RALEIGH: 

Lawbescb  &  Lemat,  Printers  to  the  State, 
1831. 


PROCEEDINGS 

OF  THE  PROVINCIAL   CONGRESS  AT   HALIFAX. 
NORTH  CAROLINA. 

At  a  Congress  begun  and  held  at  the  town  of  Halifax,  in  the  county  of 
Halifax,   the  4th  day  of  April,   in  the  year  of  our  Lord  1776. 

It  being  certified  that  the  following  persons  were  duly  elected  and  re- 
turned for  the  respective  counties  and  towns,  to  wit: 

For  Anson  county,  Daniel  Love,  Samuel  Spencer,  John  Crawford, 
James  Picket,  and  John  Childs.  Beaufort,  Roger  Ormond,  Thomas  Res- 
pis,  jun.  and  John  Cowper.  Bladen,  Nathaniel  Richardson,  Thomas  Ro- 
beson, Muturan  Colvill,  James  Council,  and  Thomas  Amis.  Bertie,  John 
Campbell,  John  Johnston,  and  Charles  Jaycocks.     Brunswick, 

Bwe,  Green  Hill,  William  Alston,  William  Person, 
Thomas  Sherrod,  and  Philemon  Hawkins.  Craven,  James  Coor,  Lemuel 
Hatch,  John  Bryan,  William  Bryan,  and  Jacob  Blount.  Carteret,  Wil- 
liam Thompson,  Solomon  Shepard,and  John  Backhouse.  Currituck,  Samuel 
Jarvis,  James  White,  James  Ryan,  Gideon  Lamb,  and  Solomon  Perkins. 
Chowan,  Samuel  Johnston,  Thomas  Benbury,  Thomas  Jones,  John  Bap<> 
Beasley,  and  Thomas  Hunter.  Cumberland,  David  Smith,  Alexander 
McAlister,  Farquarcl  Campbell,  Thomas  Rutherford,  and  Alexander  Mc- 
Coy. Chatham,  Ambrose  Ramsay,  John  Thompson,  Joshua  Rosser,  Je- 
duthan  Harper,  and  Elisha  Cain.  Duplin,  Thomas  Gray,  and  William 
Dickson.  Dobbs,  Richard  Caswell,  Abraham  Shepherd,  George  Miller, 
Simon  Bright,  and  William  McKinnie.  Edgecomb,'  William  Haywood, 
Duncan  Lemon,  Elisha  Battle,  Henry,  Irwin,  and  Nathan  Boddie.  Gran- 
ville, Thomas  Person,  John  Penn,  Memucan  Hunt,  John  Taylor,  and 
Charles  Eaton.  Guilford,  Ransome  Southerland,  William  Dent,  and 
Ralph  Gorrill.  Hyde,  Rotheas  Latham,  Joseph  Hancock,  John  Jordan,, 
and  Benjamin  Parmely.     Hertford,   Robert  Sumner, 

Halifax,  John  Bradford,  James  Hogan,  David 
Sumner,  Joseph  John  Williams,  and  Willis  Alston.  Johnston,  Samuel 
Smith,  jun.  Needham  Bryan,  jun.  and  Henry  Rains.  Mecklenburg,  John 
Pilfer,  Robert  Irwin,  and  John  McNitt  Alexander.  Martin,  William  Wil- 
liams, Whitmell  Hill,  Kenneth  McKenzie,  Thomas  Wiggens,  and  Ed- 
ward Smythwick.  Neio  Hanover,  John  Ashe,  John  Devane,  Samuel 
Ashe,  Sampson  Mosely,  and  John  Hollings worth.  Northampton,  Allen 
Jones,  Jeptha  Atherton,  Drury  Gee,  Samuel  Lockhart,  and  Howell  Ed- 
munds. Onslow,  George  Mitchell,  Benajah  Doty,  John  Spicer,  John 
King,  and  John  Norman.  Orange,  John  Kinchen,  James  Saunders,  John 
Butler,  Nathaniel  "Rochester,  and  Thomas  Burke.  Perquimons,  Miles 
Harvey,  William  Skinner,  Thomas  Harvey,  Charles  Blount,  and  Charles 
Moore.  Pasquotank,  Thomas  Boyd,  Joseph  Jones,  William  Cuming,. 
Dempsey  Burgess,  and  Henry  Abbott.  Pitt,  John  Simpson,  Edward  Sal- 
ter, and  William  Robson.  Rowan,  Griffith  Rutherford,  and  Matthew 
Locke.      Surry,  Tyrrell,  Ar- 

chibald Corrie.      Tryon, 
,  Wake,  Joel  Lane,  John  Hinton,  John  Rand,  William  Hooper,  and  Tignal 
Jones.       Town  of  Bath,  William    Brown.       Edenton,  Joseph    Hewes, 
Neivbern,  Abner  Nash.     Wilmington,  Cornelius  Harnett.     Brunswick^ 


Halifax,  Willie  Jones.  Hillsborough,  William  John, 
sjton,     Salisbury,  David  Nisbet.      Campbleton,  Arthur  Council. 

Pursuant  to  which  the  following  persons  appeared,  subscribed  the  Test, 
and  took  their  seats  in  Congress. 

Mess.  Samuel  Johnston,  William  Haywood,  Elisha  Battle,  Henry  Ir- 
win, Edward  Salter,  William  Robson,  John  Bradford,  James  Hogan,  Da- 
vid Sumner,  Joseph  John  Williams,  Willis  Alston,  Allen  Jones,  Drury 
Gee,  John  Ifinron,  John  Rand,  Thomas  Respis,  jun.  John  Cowper,  William 
Brown,  George  Mitchell,  John  King,  John  Norman,  John  Spicer,  Joseph 
Hancock,  John  Jordan,  Solomon  Shepherd,  William  Thompson,  Thomas 
Person,  Memucan  Hunt,  John  Taylor,  Miles  Harvey,  William  Skinner, 
Samuel  Jarvis,  James  White,  James  Ryan,  Solomon  Perkins,  Thomas 
Benbury,  Thomas  Jones,  John  Thompson,  John  Devane,  James  Coor,  John 
Bryan,  Jacob  Blount,  Thomas  Gray,  Matthew  Locke,  Griffith  Ruther- 
ford, John  Pfifer,  Robert  Irwin,  John  McNitt  Alexander,  William  Per- 
son, Green  Hill,  Thomas  Boyd,  William  Williams,  James  Council,  Phile- 
mon Hawkins,  William  Alston,  John  Campbell,  Nathaniel  Richardson  and 
Arthur  Council, 

Mr.  Allen  Jones  proposed  for  President  Samuel  Johnston,  Esq.  who  was 
unanimously  chosen,  and  conducted  to  the  Chair,  and  James  Green,  jun. 
was  appointed  Secretary,  Francis  Lynaugh  and  Evan  Swann  Doorkeepers, 
during  the  continuance  of  the  Congress. 

Mr.  Bradford  presented  a  petition  from  the  inhabitants  of  the  town  of 
Halifax,  setting  forth  that  Willie  Jones,  Esq.  who  was  elected  a  delegate 
for  said  town,  is  appointed  by  the  Continental  Congress  Superintendent  of 
Indian  Affairs  for  the  Southern  Department,  in  consequence  of  which  ap- 
pointment he  had  gone  to  Fort  Charlotte,  in  Georgia,  whereby  the  said 
town  was  unrepresented,  praying  leave  to  elect  a  delegate  to  sit  and  vote 
in  Congress  in  the  absence  of  the  said  Willie  Jones,  Esq.  Resolved,  That 
the  freeholders  of  the  said  town  of  Halifax  meet  on  the  5th  day  of  this  in- 
stant, and  elect  a  proper  person  to  sit  and  vote  in  Congress  until  the  re- 
turn of  the  said  Willie  Jones,  Esq. 

The  Congress  adjourned  till  to-morrow  morning,  ten  o'clock. 

Friday,  April  5,  1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Col.  Nicholas  Long  take  into  his  possession  the  powder 
and  other  stores  lately  arrived  from  Philadelphia,  and  safely  keep  the  same 
until  further  orders. 

The  returning  officer  for  the  town  of  Halifax  having  certified  that  Mr. 
John  Webb  was  duly  elected  a  delegate  for  the  said  town  until  the  return 
of  Willie  Jones,  Esq.,  Mr.  Webb  appeared,  subscribed  the  Test,  and  took 
his  seat  in  Congress, 

On  motion,  Resolved,  That  Mr.  Allen  Jones,  Mr.  Cornelius  Harnett, 
Mr.  James  Coor,  Mr.  Thomas  Person,  Mr.  Thomas  Benbury,  Mr.  Tho- 
mas Respis,  Mr.  Samuel  Jarvis,  Mr,  Green  Hill,  Mr.  Arthur  Council,  Mr. 
Matthew  Locke,  Mr.  Griffith  Rutherford,  and  Mr.  John  Hinton,  be  a  com- 
liaittee  to  enquire  into,  and  make  report  to  this  Congress,  of  the  quantity 
©f  ammunition  now  remaining  in  the  Province. 

Oi|  petition  of  William  Alston,  setting  forth  that  a  certain  John  Hender- 


5, 

<»on  is  now  about  to  remove  himself  out  of  this  Province,  to  the  great  pre> 
judice  of  the  orphans  of  Solomon  Alston,  deceased,  the  same  being  certi- 
fied on  oath,  Resolved,  That  such  of  the  estate  of  Solomon  Alston,  late  of 
Granville  county,  deceased,  being  the  property  of  his  orphans  now  in  the 
possession  of  John  Henderson,  or  any  other  persons,  be  immediately  taken 
into  possession  for  their  use;  and  that  the  said  John  Henderson  be  brought 
forthwith  to  this  Congress,  there  to  answer  any  deficiency  that  may  appear, 
and  reimburse  the  said  orphans;  and  that  James  Jones,  of  Wake  county, 
be  appointed  to  execute  this  resolution  in  any  part  of  the  Province,  and 
that  he  take  with  him  such  assistance  as  he  shall  think  necessary. 

Resolved,  That  General  McDonald  be  admitted  to  his  parole  upon  the 
following  conditions:  That  he  does  not  go  without  the  limits  of  the  town  of 
Halifax.  That  he  does  not,  directly  or  indirectly,  while  a  prisoner,  cor- 
respond with  any  person  or  persons  who  are  or  may  be  in  opposition  to  A- 
•  merican  measures,  or  by  any  manner  or  means  convey  to  them  intelligence 
of  any  sort.  That  he  take  no  draft,  nor  procure  them  to  be  taken  by  any 
one  else,  of  anyplace  or  places  in  which  he  maybe,  while  upon  his  parole, 
that  shall  now,  or  may  hereaf.er  give  information  to  our  enemies  which  can 
be  injurious  to  us,  or  the  common  cause  of  America;  but  that  without  e- 
quivocation,  mental  evasion,  or  secret  reservation,  he  pay  the  most  exact 
-  and  faithful  attention  to  the  intent  and  meaning  of  these  conditions,  ac- 
cording to  the  rules  and  regulations  of  war;  and  that  he  every  day  appear 
between  the  hours  of  ten  and  twelve  o'clock  to  the  officer  of  the  Guard, 

The  Congress  adjourned  'till  to-morrow  morning,  nine  o'clock. 

— •»»©»<«— 
Saturday,  .Afril  6,   1776. 

The  Congress  met  according  to  adjournment. 

Mr,  President  laid  before  the  Congress  letters  from  the  delegates  of  this 
Province  in  Congress  at  Philadelphia,  of  the  12th  of  February  and  1st  of 
March  last,  enclosing  sundry  resolutions  of  the  Continental  Congress* 
which  were  read, 

Ordered,  That  the  same  lie  over  for  consideration  till  Monday  next. 

Mr.  President  laid  before  the  Congress  a  letter  from  Col.  James  Moore* 
of  the  first  regiment,  inclosing  a  general  field  return  of  officers  and  soldiers 
in  camp,  and  also  a  return  of  the  Tories' property  in  his  possession. 

Ordered,  That  the  same  lie  for  consideration. 

On  motion,  Mr.  James  Glasgow  was  appointed  assistant  Secretary  to  this 
Congress. 

Resolved,  That  Mr.  David  Love,  John  Cooper,  James  Council,  John 
Johnston,  William  Person,  James  Coor,  Solomon  Shepherd,  Solomon  Per- 
kins, Thomas  Benbury,  David  Smith,  John  Thompson,  Thomas  Gray,  Eli- 
sha  Battle,  Memucan  Hunt,  Joseph  Hancock,  Robert  Sumner,  Willis  Als- 
ton, Whitmill  Hill,  Robert  Irwin,  John  Hollingsworth,  Jeptha  Atherton, 
John  Norman,  Thomas  Burke,  William  Skinner,  Thomas  Boyd,  Edward 
Salter,  Griffith  Rutherfurd,  Archibald  Corrie,  John  Rand,  William  Brown, 
Cornelius  Harnett,  John  Webb  and  David  Nisbetbe  a  committee  of  Privi- 
leges and  Elections;  and  that  they  have  power  to  send  for  persons,  papers 
and  records,  as  the  case  may  require,  and  make  report  to  this  Congress. 

Resolved,  That  Matthew  Locke,  Robert  Irwin,  John  McNitt  Alexander, 
Thqmas  Person,  Thomas  Burke,  John  Taylor,  John  Ashe,  Thomas  Grays 


6 

George  Mitchell,  John  Cowper,  William  Brown,  James  Coor,  William 
Haywood,  John  Bradford,  Green  Hill,  Whitmill  Hill,  Miles  Harvey,  Wil- 
liam Skinner  and  John  Campbell  be  a  committee  of  Claims,  to  settle  and 
allow  military  and  naval  accounts, 

Resolved,  That  Mr.  Allen  Jones,  Joseph  John  Williams,  David  Summer, 
Jacob  Blount,  Thomas  Respiss,  William  Thompson,  Thomas  Benbury, 
Archibald  Corrie,  Robert  Sumner,  Cornelius  Harnett,  John  Spicer,  Na- 
thaniel Richardson,  Memucan  Hunt,  Nathaniel  Rochester,  John  Rand, 
Griffith  Rutherfurd,  John  Pfifer,  David  Nisbet  and  John  Ashe  be  a  com- 
mittee to  settle  the  civil  accounts  of  this  Province. 

The  Congress  adjourned  till  Monday  morning,  ten  o'clock. 

— ■•'»»©»«««•— 
Monday,   April  8,   1776, 

The  Congress  met  according  to  adjournment. 

On  motion,  Resolved,  That  Mr.  Harnett,  Mr.  Allen  Jones,  Mr.  Burke, 
Mr,  Nash,  Mr.  Kinchin,  Mr.  Thomas  Person  and  Mr.  Thomas  Jones  be  a 
select  committee  to  take  into  consideration  the  usurpations  and  violences; 
attempted  and  committed  by  the  King  and  Parliament  of  Britain  against 
America,  and  the  further  measures  to  be  taken  for  frustrating  the  same, 
and  for  the  better  defence  of  this  Province. 

Mr.  Harnett  presented  the  petition  of  Joseph  Wood  and  partners,  pray- 
ing an  order  to  dispose  of  the  effects  of  his  Excellency  Josiah  Martin,  Esq. 
within  this  Province,  to  reimburse  the  loss  they  have  sustained  by  the  cap- 
ture and  detention  of  the  sloop  Joseph,  and  the  cargo  on  board  of  the  same, 
or  such  other  relief  as  this  Congress  in  their  wisdom  shall  think  fit. 

Resolved,  That  Mr.  Harnett,  Mr.  Allen  Jones,  Mr.  Burke,  Mr.  Thomas 
Person  and  Mr.  Thomas  Jones  be  a  committee  to  take  under  consideration 
the  said  petition,  and  make  report  to  this  Congress. 

Resolved,  That  Mr.  Allen  Jones,  Mr.  Whitmill  Hill,  Mr.  John  Ashe, 
Mr.  Burke,  Mr.  Miles  Harvev,  Mr.  Thomas  Person,  Mr.  Benbury,  Mr. 
Rand,  Mr.  Rochester,  Thomas  Jones,  Mr.  Rutherfurd,  Mr.  Southerland, 
Mr.  Richardson,  Mr.  Harnett  and  Mr.  Arthur  Council  be  a  committee  to 
enquire  into  the  conduct  of  the  insurgents  and  other  suspected  persons, 
and  make  report  of  their  proceedings  to  the  Congress. 

The  order  of  the  day  being  read,  Resolved,  The  same  be  deferred  till 
Wednesday  next. 

Mr.  Thomas  Jones  presented  a  petition  from  the  executors  of  the  last 
will  and  testament  of  John  Callaway,  deceased,  praying  an  order  may  is-? 
sue  to  impower  them  to  seize  so  much  of  the  estate  of  Thomas  Macknight, 
and  cause  the  same  to  be  sold,  as  may  be  of  value  sufficient  to  satisfy  the 
sum  of  5861.  2s.  with  interest  and  accruing  costs.  Resolved,  That  Mess. 
Harnett,  Allen  Jones,  Thomas  Burke,  Thomas  Person  and  Thomas  Jones 
be  a  committee  to  take  under  consideration  the  said  petition,  and  make  re- 
port to  this  Congress. 

-  Mr.  William  Johnston,  the  delegate  for  the  town  of  Hillsborough,  Mr. 
James  Saunders  and  Mr.  John  Kinchen,  for  the  county  of  Orange,  Mr. 
Thomas  Wiggins,  for  the  county  of  Martin,  Mr.  Ransome  Southerland, 
Mr.  William  Dent  and  Mr.  Ralph  Gorril,  for  the  county  of  Guilford,  Mr. 
Dempsey  Burgess  and  Mr.  Henry  Abbot,  for  the  county  of  Pasquotank, 
Mr.  Elisha  Cain,  for  the  county  of  Chatham,  Mr.  Tignal  Jones,  for  the 


county  of  Wake,  and  Mr.  Abner  Nash,  for  the  town  of  Newbern,  appear- 
ed, subscribed  the  test,  and  took  their  seats  in  Congress. 

On  motion,  Resolved,  That  the  Rev.  Mr.  Ford  be  appointed  Chaplain  to 
this  Congress. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Tuesday,  April  9,  1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Mr.  Corrie^Mr.  John  Campbell,  Mr.  Cowper,  Mr.  Wil- 
liam Johnston  and  Mr.  Cornelius  Harnett  be  a  committee  to  enquire  into 
the  cost  of  sundry  merchandize  deemed  useful  to  the  service  of  this  Pro- 
vice,  as  per  invoice  exhibited  by  Mr.  John  Wright  Stanly,  and  that  they 
report  thereon. 

On  motion,  Resolved,  The  Congress  resolve  itself  into  a  committee  of 
the  whole,  to  take  into  consideration  the  present  state  of  the  Province,  and 
the  expediency  of  employing  a  military  force  for  its  defence  against  foreign 
and  domestic  invaders.  The  Congress  resolved  itself  into  a  committee  of 
the  whole  accordingly,  and  chose  John  Campbell,  Esq.  Chairman  $  and  af- 
ter some  time  spent  therein,  came  to  several  resolutions.  Then,  on  motion, 
Mr.  President  resumed  the  Chair,  and  Mr.  Chairman  reported  as  follows, 
to  wit: 

Resolved,  That  two  battalions,  over  and  above  the  battalion  directed  to 
be  raised  by  the  Continental  Congress,  be, raised  in  this  Province,  to  con- 
sist of  750  privates  each. 

Resolved,  That  it  be  recommended  that  three  companies  of  Light  Horse, 
consisting  of  one  Captain,  one  Lieutenant,  one  Cornet,  and  33  privates 
each,  be  raised  by  this  Province,  and  that  it  be  recommended  to  the  House 
to  apply  through  their  Delegates  to  the  Continental  Congress  to  place  the 
same  on  Continental  establishment. 

Resolved,  That  it  be  recommended  to  Congress  that  a  bounty  of  40s. 
and  31.  advance  be  paid  to  every  person  inlisted  into  the  service. 

Resolved,  That  it  be  recommended  that  a  penalty  of  51.  be  inflicted  on 
any  person  who  shall  knowingly  secrete,  harbour,  succour  or  entertain,  for 
the  space  of  24  hours,  any  deserter  from  the  service,  after  having  been  duly 
inlisted;  to  be  recovered  before  any  jurisdiction  having  cognizance  there- 
of, one  half  to  the  informer,  the  other  half  to  the  public. 

The  House  taking  the  said  report  into  consideration,  and  having  read  the 
same  paragraph  by  paragraph,  concurred  therewith. 

Mr.  Gideon  Lamb,  one  of  the  members  of  Congress  for  the  county  of 
Currituck,  Mr.  Kenneth  McKenzie,  for  Martin  county,  and  Mr.  Matthias 
Brickie,  for  Hertford  county,  appeared  and  took  their  seats. 
_  Resolved.  That  Mr.  Abner  Nash,  Mr.  Thomas  Burke  and  Mr.  Corne- 
lius Harnett  be  a  committee  to  form  a  proper  commission  for  privateers. 

Resolved,  That  Mr.  John  Ashe,  Mr.  Thomas  Jones,  Mr.  Dempsey  Bur- 
gess, Mr.  Cornelius  Harnett,  Mr.  Abner  Nash,  Mr.  Samuel  Jarvis,  Mr. 
John  Johnston,  Mr.  Thomas  Burke,  Mr.  John  Kinchen,  Mr.  Jacob  Blount 
and  Mr.  Allen  Jones  be  a  committee  of  Ways  and  Means,  to  form  an  esti- 
mate of  the  expense  for  supporting  the  troops  to  be  raised  for  one  year. 

Resolved,  That  Mess.  John  Ashe,  Allen  Jones,  James  Coor,  William 
Alston,  Memucan.  Hunt,  Matthew  Locke,  John  Webb,  John  Pfifer,  John 


Spicer,  Mr.  Ryan,  Mr.  Griffith  Rutherford*  Mr.  John  Campbell  and  Mr. 
John  Bradford  be  a  committee  for  the  better  regulation  of  the  militia. 

Resolved,  That  Mr.  President,  Mr.  Locke,  Mr.  Webb,  Mr.  Thomas 
Jones*  Mr.  Nash*  Mr.  John  Ashe  and  Mr.  Burke  be  a  committee  of  Se- 
crecy, Intelligence  and  Observation. 

Mr.  Rutherford,  Chairman  from  the  committee  of  Privileges  and  Elec- 
tions, reported  as  follows*  viz.- 

Your  committee  having  taken  into  consideration  the  election  of  those 
Delegates  who  were  appointed  to  the  Minute  command*  are  of  opinion, 
that  holding  commissions  in  that  service  did  not  incapacitate  or  disqualify 
them  from  being  elected  to  represent  in  Congress  any  town  or  county  in 
this  Province,  and  that  persons  elected  under  such  circumstances,  who 
were  otherwise  duly  qualified,  are  entitled,  and  should  be  permitted  to  sit 
and  vote  in  Congress,  when  that  service  is  expired. 

The  Congress  taking  the  said  report  into  consideration,  was  rejected. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Wednesday,  April  10,  1776. 

The  Congress  met  according  to  adjournment. 

Mr.  Duncan  Lemon,  a  member  of  Congress  for  the  county  of  Edgecomb, 
and  Mr.  Thomas  Sherrod,  a  member  of  Congress  for  the  county  of  Bute., 
appeared  and  took  their  seats. 

On  motion,  Ordered,  That  Mr.  John  Johnston  hate  leave  to  absent  him- 
self a  few  days  from  the  service  of  the  Congress. 

The  returning  officer  having  brought  before  the  Congress  the  person  of 
John  Henderson,  at  the  instance  of  William  Alston,  Resolved,  That  Mess. 
Thomas  Person,  Memiican  Hunt,  Howell  Edmunds,  Matthias  Brickell, 
Thomas  Respiss,  Drury  Gee  and  William  Williams,  be  a  committee  to 
take  into  consideration  the  petition  of  the  said  William  Alston,  in  behalf 
of  Solomon  Alston's  orphans,  and  makes  report  thereon. 

Resolved,  That  the  sum  of  10s.  be  allowed  to  each  Captain,  Lieutenant, 
or  Ensign,  for  every  man  which  they  shall  enlist  and  enroll  as  a  soldier  in 
the  service  (including  those  already  enlisted)  as  a  full  compensation  for 
their  expenses  in  recruiting  their  men. 

Resolved,  That  the  freeholders  of  Northampton  county  meet  at  the 
Court  House  of  said  county  on  Friday  the  22d  of  this  instant  (April)  then 
and  there  to  elect  one  delegate  to  sit  and  vote  in  Congress,  in  the  room  and 
stead  of  Mr.  Samuel  Lockhart,  whose  seat  was  vacated  by  his  having  act- 
ed as  a  Captain  in  the  Minute  Service. 

Resolved,  That  the  freeholders  of  the  county  of  Bertie  meet  at  the  Court 
House  in  said  county  on  Monday  the  15th  of  this  instant  (April)  then  and 
there  to  elect  one  delegate  to  sit  and  vote  in  Congress,  in  the  room  and 
stead  of  Mr.  Charles  Jaycocks,  whose  seat  was  vacated  by  his  having  act- 
ed as  an  officer  in  the  Minute  Service. 

Resolved,  That  the  freeholders  of  the  county  of  Dobbsmeetat  the  Court 
House  in  said  county  on  Monday  the  15th  of  this  instant  (April)  then  and 
thereto  elect  three  delegates  to  sit  and  vote  in  Congress,  in  the  room  and 
stead  of  Mr.  Richard  Caswell,  Mr.  Simon  Bright,  and  Mr.  George  Miller, 
whose  seats  were  vacated  by  their  appointment  as  officers  in  the  Continent- 


ff 

slantl  Minute  Service,'  and  that  Mr.  Benjamin  Shepherd  be  appointed  to 
take  the  poll,  and  make  tine  return  of  the  persons  so  elected. 

The  Congress  being  informed  that  a  certain  brigantine,  called  the  Wil- 
liam, now  iyingin  Port  Beaut' dt,  whereof  Philip  Westcott  is  at  present 
Master,  belonging  to  William  Strobrook,  Francis  Burchitt  and  Philip 
Westcott,  of  London,  and  it  appearing  by  the  Register  of  the  said  vessel 
that  she  is  British  property;  Resolved,  That  Richard  Cogdell,  James  Da- 
vis and  John  Green  cause  the  said  brigantine  or  vessel  to  be  immediately 
seized  and  detained,  together  with  her  tackle,  apparel  and  furniture,  a% 
til  further  orders. 

The  Continental  Congress  having  appointed  Col.  James  Moore,  of  the  first 
Regiment,  and  Col.  Robert  Howe,  of  the  second  Regiment,  to  the  com- 
mand of  Brigadier  Generals,  Resolved,  That  Lieutenant  Colonel  Fran- 
cis Nash  be  appointed  Colonel,  Major  Thomas  Clark  Lieutenant  Colonel, 
and  Capt.  William  Davis  Major,  of  the  first  Regiment;  Lieutenant  Colo- 
nel Alexander  Martin  Colonel,  Major  John  Patten  Lieutenant  Colonel, 
and  Capt.  John  White  Major,  of  the  second  Regiment. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Thursday,   April  11,  1776. 

The  Congress  met  according  to  adjournment. 

Mr.  Allen  Jones,  Chairman,  from  the  committee  to  enquire  into  the 
conduct  of  the  insurgents,  and  other  suspected  persons,  reported,  amongst 
other  things,  that  on  consideration  of  the  candor  of  Allen  McDonald,  and 
his  being  in  a  low  state  of  health,  recommend  him  to  be  admitted  his  pa- 
role of  honour,  under  such  restrictions  as  has  been  held  forth  to  General 
McDonald. 

The  Congress  taking  the  same  into  consideration,.  Resolved,  That  Col. 
Allen  McDonald  be  admitted  to  his  parole  on  the  following  conditions i 
That  he  does  not  go  without  the  limits  of  the  town  of  Halifax.  That  he 
does  not,  directly  or  indirectly,  while  a  prisoner,  correspond  with  any 
person  or  persons  who  are  or  may  be  in  opposition  to  American  measures, 
or  by  any  manner  or  means  convey  to  them  intelligence  of  any  sort.  That 
he  take  no  draft,  nor  procure  them  to  be  taken  by  any  one  else,  of  any 
place  or  places  in  which  he  may  be  while  upon  his  parole,  that  shall  now,  or 
may  hereafter  give  information  to  our  enemies,  which  can  be  injurious  to 
us,  or  the  common  cause  of  America;  but  that  without  equivocation,  men- 
tal evasion,  or  secret  reservation,  he  pay  the  most  exact  and  faithful  at- 
tention to  the  intent  and  meaning  of  these  conditions,  according  to  the 
rules  and  regulations  of  war;  and  that  he  every  day  appear,  between  the 
hours  of  ten  and  twelve  o'clock,   to  the  officer  of  the  Guard. 

Mr.  Thomas  Harvey,  one  of  the  members  for  Perquimons  county,  and 
Mr.  William  Dickson,  one  of  the  members  for  Duplin  county,  appeared, 
subscribed  the  Test,  and  took  their  seats  in  Congress. 

On  motion,  Ordered,  That  the  nomination  and  appointment  of  military 
officers  to  the  regiments  directly  to  be  raised  in  this  Province,  be  consider- 
ed to-morrow. 

Resolved,  That  Mess.  John  Campbell,  William  Thompson,  James  Coor, 
Matthew  Locke,  Thomas  Person,  John  Spicer  and  Solomon  Shepherd  be  a 


committee  to  take  into  consideration  a  letter  from  the  committee  of  Car- 
teret county. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Friday,   April  12,    1776. 
The  Congress  met  according  to  adjournment. 

The  committee  to  enquire  into  the  cost  of  sundry  merchandizes  deem- 
ed useful  to  the  service  of  this  Province,  as  per  invoice  exhibited  by  Mr. 
John  Wright  Stanly,  and  to  agree  with  him  for  the  same,  reported  as  fol- 
lows, viz. 

Your  committee  have  examined  the  invoices  of  sundry  goods  imported 
by  John  Wright  Stanly,  the  cost  of  which  appears  to  amount  to  the  sum  of 
3162  pieces  of  eight  (pieces  8s8)  and  two  rials,  charged  at  St.  Eustatia,  on 
which  an  advance  of  75  per  cent,  for  risk  and  charges  appear  reasonable, 
as  they  were  bought  in  barter;  also  sundry  other  goods,  by  invoice  pro- 
duced, amounting  to  3934  pieces  of  eight  (pieces  8s8)  four  rials,  and  four 
stivers,  bought  with  ready  money,  on  which  an  advance  of  87  and  a  half 
per  cent,  for  risk  and  charges,  and  20  per  cent,  for  the  risk,  trouble  and 
commission,  Mr.  Stanly  had  in  the  adventure. 

Your  committee  are  further  of  opinion  the  500  lbs.  of  gunpowder  offered 
by  Mr.  Stanly  at  8  s.  per  pound,  is  at  this  time,  a  reasonable  price;  which 
several  sums  amount  in  the  whole  to  48481.  1  s.  1  d.  three  farthings,  Pro- 
clamation money,  which  your  committee  are  of  opinion  maybe  allowed  and 
paid  to  Mr.  Stanly  for  the  said  goods,  on  account  and  for  the  use  of  the 
public,  on  delivery  of  said  goods  at  Newbern  in  good  order,  to  such  per- 
son or  persons  as  the  Congress  shall  appoint  to  receive  them.  Humbly  sub- 
mitted to  the  House. 

The  Congress  taking  the  same  into  consideration,  and  the  said  report  be- 
ing read,  concurred  therewith. 

The  Congress  having  agreed  with  Mr.  John  Wright  Stanly,  on  account 
of  the  public,  for  sundry  goods  and  merchandizes,  as  per  invoice  exhibit- 
ed, Resolved,  That  the  Treasurers,  or  either  of  them,  pay  to  John  Wright 
Stanly  the  sum  of  4848 1.  Is.  1  d.  three  farthings,  Proclamation  money, 
for  sundry  goods  and  merchandizes  purchased  of  him  on  account  and  for 
the  use  of  this  Province,  he  first  producing  a  receipt  from  John  Green  and 
David  Barron  that  all  and  every  article  contained  in  said  invoice  are  bona 
Jide  and  actually  delivered  into  their  possession,  in  good  and  merchantable 
order,  and  that  the  Treasurers  be  allowed  in  their  accounts  with  the  pub- 
lic. 

On  motion,  Resolved,  That  Mr.  John  Green  and  Mr.  David  Barron,  of 
Newbern,  be  requested  to  receive,  and  take  into  their  possession,  from  Mr. 
John  Wright  Stanly,  sundry  goods  and  merchandizes,  as  per  invoice  exhi- 
bited, amounting  to  48481.  Is.  Id.  three  farthings,  at  the  risk  and  on  ac- 
count of  the  public,  till  further  orders. 

Mr.  Harnett,  Chairman  from  the  committee  to  take  into  consideration 
the  petition  of  Joseph  Wood  and  co-partners,  praying  an  order  to  dispose 
of  the  effects  of  his  Excellency  Josiah  Martin,  Esq.  &c.  reported  as  follows, 
to  wit: 

Your  committee  having  enquired  into  the  several  allegations  set  forth  in 
ihe  said  petition,  do  report  as  follows;  That  the  said  Joseph  Wood  and 


It 

partners,  with  permission  of  the  committee  of  the  City  and  Liberties  of 
Philadelphia,  did  on  the  5th  day  of  January  last  past,  load  on  board  the 
sloop  Joseph,  William  Raddon  master,  sundry  goods  and  merchandize,  on 
their  own  account,  to  the  value  of  6701.  3s.  7d.  on  the  account  of  William 
Todd,  1901.  of  Joseph  Wood,  jun.  101.  of  William  Raddon,  91.  18s.  prime 
tost  in  Philadelphia,  all  which  were  consigned  to  the  said  Joseph  Wood, 
jun.  and  bound  to  Georgia;  that  in  his  passage  the  said  sloop  and  cargo 
were  taken  by  an  armed  vessel  called  the  General  Gage,  George  Sybels 
master,  and  carried  into  Cape  Fear,  where  Josiah  Martin,  Esq.  late  Go- 
vernor of  this  Province,  bore  the  chief  command;  and  the  officers  under 
command  of  the  said  Josiah  Martin  did  violently  seize  the  said  sloop  and 
cargo,  and  apply  them  to  the  use  of  the  enemies  of  America,  whereby  the 
said  Joseph  and  partners  lost  15001.  current  money  of  Pennsylvania,  over 
and  above  the  profits  they  might  reasonably  have  made. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

Resolved,  That  the  inlisting  of  the  Continental  or  Provincial  regular  sol- 
diers into  the  service  of  any  armed  vessel  or  privateer,  is  highly  improper, 
and  greatly  injurious  to  the  service;  and  that  all  those  who  have  presumed 
to  inlist  any  soldiers,  knowing  they  belong  to  such  service,  have  acted  in  a 
manner  contrary  to  the  interest  of  this  Colony,  and  have  been  guilty  of  a 
breach  of  the  Continental  Rules  and  Regulations,  and  are  hereby  ordered 
to  return  the  soldiers  so  inlisted  to  the  several  corps  to  which  they  belong; 
and  that  if  the  officer  or  officers  belonging  to  such  armed  vessels  or  priva- 
teers do  not  immediately  restore  the  soldiers  so  inlisted  by  them  to  the  of- 
ficer or  officers  of  their  respective  corps,  that  then,  and  in  that  case,  they 
will  be  considered  as  unworthy  of  any  command  under  this  Congress,  and 
deemed  enemies  to  American  liberty.  Provided,  that  nothing  herein  con- 
tained shall  be  construed  to  extend  to  such  soldiers  as  had  served  six 
months  from  the  time  of  their  inlistment. 

The  select  committee  to  take  into  consideration  the  usurpations  and  vio- 
lences attempted  and  committed  by  the  King  and  Parliament  of  Britain  a- 
gainst  America,  and  the  further  measures  to  be  taken  for  frustrating  the 
same,  and  for  the  better  defence  of  this  Province,  reported  as  follows,  to 
wit: 

It  appears  to  your  committee,  that  pursuant  to  the  plan  concerted  by  the 
British  Ministry  for  subjugating  America,  the  King  and  Parliament  of 
Great  Britain  have  usurped  a  power  over  the  persons  and  properties  of  the 
people  unlimited  and  uncontrouled;  and  disregarding  their  humble  peti- 
tions for  peace,  liberty  and  safety,  have  made  divers  legislative  acts,  de- 
nouncing Avar,  famine,  and  every  species  of  calamity,  against  the  Conti- 
nent in  general.  The  British  fleets  and  armies  have  been,  and  still  are 
daily  employed  in  destroying  the  people,  and  committing  the  most  horrid 
devastations  on  the  country.  That  Governors  in  different  Colonies  have 
declared  protection  to  slaves,  who  should  imbrue  their  hands  in  the  blood 
of  their  masters.  That  the  ships  belonging  to  America  are  declared  prizes 
of  war,  and  many  of  them  have  been  violently  seized  and  confiscated.  In 
consequence  of  all  which  multitudes  of  the  people  have  been  destroyed, 
or  from  easy  circumstances  reduced  to  the  most  lamentable  distress. 

And  whereas  the  moderation  hitherto  manifested  by  the  United  Colonies, 
and  their  suicere  desire  to  be  reconciled  to  the  mother  country  on  constitu* 


tionai  principles,  have  procured  no  mitigation  of  the  aforesaid  wrongs  and 
usurpations,  and  no  hopes  remain  of  obtaining  redress  by  those  means  alone 
which  have  been  hitherto  tried,  jour  committee  are  of  opinion  that  the 
House  should  enter  into  the  following  resolve,  to  wit: 

Resolved,  That  the  delegates  for  this  Colony  in  the  Continental  Con- 
gress be  impowered  to  concur  with  the  delegates  of  the  other  Colonies  in 
declaring  Independency,  and  forming  foreign  alliances,  reserving  to  tins 
Colony  the  sole  and  exclusive  right  of  forming  a  Constitution  and  laws  for 
this  Colony,  and  of  appointing  delegates  from  time  to  time,  (under  the  di- 
rection of  a  general  representation  thereof,)  to  meet  the  delegates  of  the 
other  Colonies,  for  such  purposes  as  shall  be  hereafter  pointed  out. 

The  Congress  taking  the  same  into  consideration,  unanimously  concurred 
therewith. 

The  order  of  the  day  being  read  for  taking  into  consideration  the  nomi- 
nation and  appointment  of  military  officers,  Ordered,  That  the  same  be  de- 
ferred till  to-morrow. 

Mr.  Needham  Bryan,  one  of  the  members  of  Johnston  county,  Mr.  Jo- 
seph Williams,  Mr.  Joseph  Winston  and  Mr.  Charles  Gordon,  three  of  the 
members  of  Surry  county,  appeared  and  took  their  seats. 

The  Congress  adjourned  'till  to-morrow  morning,  nine  o'clock; 

Saturday,  April  13,   1776.- 

The  Congress  met  according  to  adjournment. 

Ordered,  That  Col.  John  Hogan,  of  the  regiment  of  militia  for  the  coun- 
ty of  Orange,  have  leave  to  resign  his  command. 

Resolved*  That  if  any  commissioner  or  commissioners  appointed  by  the 
King,  according  to  act  of  Parliament,  to  come  over  from  Great  Britain  to 
America,  shall  arrive  in  this  Province,  under  any  pretext  whatever,  unless 
such  commissioner  or  commissioners  shall  produce  a  commission  to  treat 
with  the  Continental  Congress,  that  the  person  or  persons  of  such  commis- 
sioner or  commissioners  shall  be  required  to  return  immediately  on  board 
the  vessel  in  which  he  or  they  arrive;  and  in  case  of  refusal,  or  if  such 
commissioner  or  commissioners  shall  at  any  time  after  be  found  on  shore 
within  this  Province,  the  person  or  persons  of  such  commissioners  be  seiz- 
ed, and  immediately  sent  to  the  said  Congress. 

Resolved,  That  the  thanks  of  this  Congress  be  given  to  Col.  Richard 
Caswell,  and  the  brave  officers  and  soldiers  under  his  command,  for  the 
very  essential  service  by  them  rendered  this  country  at  the  battle  of 
Moore's  Creek. 

On  motion,  Resolved,  The  Congress  resolve  itself  into  a  committee  of 
the  whole,  to  take  under  consideration  the  augmentation  of  the  troops  al- 
ready voted  to  be  raised  by  this  Province. 

The  Congress  resolved  itself  into  a  committee  of  the  whole  accordingly, 
and  chose  John  Campbell,  Esq.  Chairman;  and  after  some  time  spent 
therein,  came  to  a  resolution  thereon.  Then,  on  motion,  Mr.  President 
resumed  the  Chair,  and  Mr.  Chairman  reported  as  follows,  to  wit: 

Resolved,  That  the  troops  voted  by  the  Congress,  as  necessary  to  the 
defence  of  this  Province,  shall  be  divided  into  six  battalions  (including  the 
two  battalions  voted  by  the  last  Congress)  each  battalion  to  be  command- 
ed by  one  Colonel;  one  Lieutenant  Colonel,  and  one  Major;  and  to  co»r 


13 

sist  of  eight  companies,  each  company  to  consist,  of  one  Captain,  two  Lieu-: 
tenants,  one  Ensign,  four  Serjeants,  four  Corporals,  two  Drummers,  one 
Filer,  and  76  rank  and  file;  also  one  Quarter  Master,  one  Con  missary  of 
Stores,  one  Surgeon,  one  Adjutant,  one  Quarter  Master  Serjeant,  one 
Drum  Major,  one  Serjeant  Major,  and  one  Waggon  Master  for  each  batta- 
lion. 

The  Congress  taking  the  same  into  consideration,  concurred  therewith. 

The  committee  appointed  to  take  into  consideration  the  petition  of  Wil- 
liam Alston,  referred  by  the  Congress,  reported  as  follows,  to  wit: 

Your  committee  having  enquired  into  the  several  allegations  set  forth  in. 
the  said  petition^  together  with  the  defence  of  the  defendant,  and  every 
pregnant  circumstance  relative  thereto,  do  report  as  follows:  They  find 
that  about  August,  1775)  the  said  William  Alston',  in  behalf  ol  the  orphans 
of  Solomon  Alston,  deceased,  in  the  said  petition  mentioned,  obtained  un- 
der the  signature  of  Josiah  Martin,  Esq.  Governor,  &c.  of  North  Carolina, 
a  writ  of  Ne  Exeat  Regno*  against  John  Henderson  (who  intermarried  with 
Sarah,  widow  of  the  said  Solomon)  for  mat  practices  in  his  administration 
of  the  said  deceased's  estate,  which  said  writ  of  Ne  Exeat  Regno  your  com- 
mittee find  to  be  unduly  and  ineffectually  executed;  and  further  they  find 
that  the  sum  of  16201.  Proc.  money,  bequeathed  to  two  of  the  orphans,  to 
wit:  Lemuel  and  Henry,  in  the  said  petition  mentioned,  hath  been  impro- 
perly applied  by  the  said  Henderson,  or  at.  least  not  according  to  the  ex- 
press devise  of  the  said  Solomon.  Your  committee  therefore  are  of  opi- 
nion (exploding  altogether  the  proceedings  on  the  writ  of  Ne  Exeat  Regno) 
that  the  said  Henderson  be  held  to  sufficient  security  for  his  not  removing 
any  part  of  the  said  deceasedrs  estate  out  of  the  Province,  or  in  default 
thereof,  that  the  whole  of  said  estate  be  put  and  placed  in  the  hands  and 
possession  of  the  other  two  executors  of  the  said  Solomon,  to  wit:  Joseph 
John  "Williams  and  William  Alston,  for  the  use  and  emolument  of  the  or- 
phans, to  wit:  Charity,  Lemuel  and  Henry.  Your  committee  further  con- 
ceive that  the  intention  of  the  testator,  respecting  the  tuition  of  his  children, 
is  in  some  measure  defeated  by  the  intermarriage  of  his  widow  with  the 
said  Henderson;  we  therefore  submit  to  the  consideration  of  the  House, 
whether  it  may  not  be  expedient  to  place  the  said  orphans  under  the  care 
of  some  other  person,  so  that  their  education  and  bringing  up  may  be  suit- 
able to  their  rank  and  fortuue. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

The  returning  officer  having  certified  that  Mr.  Eaton  Haynes  was  duly 
elected  one  of  the  delegates  for  the  county  of  Northampton,  in  the  room 
and  stead  of  Mr.  Samuel  Lockhart,  whose  seat  was  vacated  by  his  having 
a  command  in  the  Minute  Service,  appeared  and  took  his  seat. 

Mr.  Ambrose  Ramsay,  of  Chatham,  one  of  the  delegates,  Mr.  Samuel 
Spencer,  for  Anson  county,  and  Mr.  John  Chikls,  of  the  same  county,  ap- 
peared, subscribed  the  Test,  and  took  their  seats  in  Congress. 

On  motion,  Ordered,  That  Alexander  McDonald  (son  of  Allen  McDon- 
ald) be  permitted  to  his  parole,  under  the  same  restrictions  as  those  alrea- 
dy enlarged. 

On  motion,  Ordered,  That  Mr.  John  Hunt  be  appointed  an  Assistant 
£lerk  to  this  Congress. 

Resolved,  That  Mr.  President,  Mr.  Nash,  Mr.  Harnett.  Mr.  Thomas 


14 

Jones,  Mr.  Green  Hill,  Mr.  Burke,  Mr.  Allen  Jones,  Mr.  Locke,  Mu 
Blount*  Mr.  Rand,  Mr.  John  Johnston,  Mr.  Ashe,  Mr.  Kinchen,  Mr^ 
Spencer,  Mr.  Haywood,  Mr.  Richardson,  Mr.  Bradford,  Mr.  Ramsay  and 
Mr.  Tiiomas  Person  be  a  committee  to  prepare  a  temporary  Civil  Consti- 
tution. 

Mr.  Abraham  Shepherd,  one  of  the  delegates  for  Dobbs  county,  appear- 
ed and  took  his  seat. 

The  order  of  the  day  being  read  for  taking  into  consideration  the  nomi- 
nation and  appointment  of  military  officers,  Ordered,  That  the  same  be 
deferred  till  Monday  next-. 

The  Congress  adjourned  till  Monday  morning,  nine  o'clock. 

—  «>t9  ©©<«•— 

Monday,  April  15,   1776. 
The  Congress  met  according  to  adjournment. 

Resolved,  That  the  Minute  men  and  Militia  battalions  and  troops,  under 
the  command  of  Colt  Caswell,  remain  in  their  present  station  until  Satur- 
day next,  and  afterwards  have  leave  to  march,  under  their  respective  offi- 
cers, into  their  several  counties,  and  then  have  leave  to  disband;  the  Con- 
gress relying  on  the  gallantry  and  public  spirit  of  those  brave  officers  and 
soldiers,  so  far  as  to  rest  satisfied  that  they  will  not  avail  themselves  of 
this  permission,  if  there  be  any  immediate  danger  of  an  attack  on  that  part 
of  the  Colony  where  they  are  now  stationed; 

Pursuant  to  a  resolve  of  the  11th  instant,  Mr.  President  presented  the 
tkanks  of'the  Congress  to  Col.  Richard  Caswell,  and  the  brave  officers  and 
soldiers  under  his  command,  for  the  very  essential  service  by  them  render- 
ed this  Colony  at  the  tate  battle  of  Moore's  Creek, 

The  committee  to  whom  was  referred  the  consideration  of  a  letter  front 
the  committee  of  Beaufort,  in  Carteret  county,  are  of  opinion  that  the  situ- 
ation of  that  town,  and  the  Inlets  adjacent,  are  such,  that  it  appears  abso- 
lutely necessary  that  a  considerable  military  force  should  be  stationed  at 
or  near  the  said  town,  to  prevent  our  enemies  from  landing  there,  supplying 
themselves  with  provisions,  and  committing  hostilities  and  depredations 
in  that  part  of  the  Province;  and  that  until  further  provision  is  made  for 
the  defence  of  that  county,  the  company  of  50  men  now  raised  by  the  com- 
mittee of  said  county  be  continued  for  that  purpose,  so  long  as  the  said 
committee  shall  judge  it  necessary. 

The  committee  are  also  of  opinion,  that  the  turpentine  now  lying  at 
Beaufort,  belonging  to  William  Gibbs,  should  be  landed  at  his  expense^ 
and  for  his  use,  at  some  secure  place  where  it  may  not  fall  into  the  hands 
of  the  enemy;  all  which  is  submitted  to  Congress. 

Ordered,  The  said  report  lie  for  consideration. 

Mr.  Lawrence  Baker,  one  of  the  delegates  for  Hertford  county,  appear- 
ed, subscribed  the  Test,  and  took  his  seat  in  Congress. 

"William  Hooper  and  John  Penn,  Esqrs.  delegates  of  the  Continental 
Congress  and  members  of  this  House,  appeared,  subscribed  the  Test,  and 
took  their  seats. 

Resolved,  That  Mr.  Hooper,  Mr.  Penn,  Mr.  Harnett,  Mr.  Ashe,  Mr. 
Thomas  Jones,  Mr.  Burke  anfl  Mr.  Spencer  be  a  committee  to  take  into 
consideration  the  most  practicable  and  expeditious  method  of  supplying  the 
Province  with  arms,  ammunition,  warlike  stores  and  sulphur;  and  also  the 


15 


expediency  of  erecting  works  lor  the  making  of  salt  petre,  gunpowder  and 
parifying  sulphur. 

On  motion,  Ordered,  The  House  take  into  consideration  the  state  of  the 
Sea  coast  to-morrow  morning. 

Ordered,  That  Mr.  Hooper  and  Mr.  Penn  be  added  to  the  committee  to 
prepare  a  temporary  Civil  Constitution. 

The  Congress  taking  into  consideration  the  appointment  of  the  field  offi- 
cers to  the  battalions  directed  to  be  raised,  Resolved,  That  Jethro  Sumner, 
Esq.  be  appointed  Colonel,  William  Alston,  Esq.  Lieutenant  Colonel,  and 
Samuel  Lockhart,  Esq.  Major,  of  the  3d  regiment.  Thomas  Polk,  Esq. 
Colonel,  James  Thackston,  Esq.  Lieutenant  Colonel,  and  William  David- 
son, Esq.  Major,  of  the  4th  regiment.  Edward  Buncombe,  Esq.  Colonel, 
Henry  Irwin,  Esq.  Lieutenant  Colonel,  and  Levi  Dawson,  Esq.  Major,  of 
the  5th  regiment.  Alexander  Lillington,  Esq.  Colonel,  William  Taylor, 
Lieutenant  Colonel,  and  Gideon  Lamb,  Major,  of  the  6th  regiment.  And. 
Robert  Washington,  Adjutant  of  the  3d  regiment,  William  Williams,  Ad- 
jutant of  the  4th  regiment,  Henry  Darnell,  Adjutant  of  the  5th  regiment, 
and  Bennet  Crafton,  Adjutant  of  the  6th  regiment. 

The  Congress  adjourned  till  to-morrow  moaning,  nine  o'clock. 

Tuesday,  April  16,  1776. 

The  Congress  met  according  to  adjournment. 

The  several  districts,  by  directions  of  the  Congress,  having  nominated 
sundry  persons  as  officers  to  the  battalions  directed  to  be  raised  in  this 
Province;  the  House  taking  the  same  in  consideration,  Resolved,  That  the 
persons  be.  and  they  are  hereby  appointed  accordingly,  to  wit: 


Halifax. 
William  Brinkly,  Captain. 
Isaac  Privat,  1  Lieut. 
Christopher  Lacky,  2  Lieut. 
William  Etheridge,  Ensign. 
Pinkethman  Eaton,  Captain. 
James  Bradly,  1  Lieut. 
Robert  Washington,  2  Lieut. 
Joseph  Montfort,  Ensign. 
John  Gray,  Captain. 
Joseph  Clinch,  1  Lieut. 
Matthew  Wood,  2  Lieut. 
Etheldred  Dance,  Ensign. 
William  Barrat,  Captain. 
Nicholas  Edmunds,  1  Lieut. 
Gee  Bradly,  2  Lieut. 
William  Linton,  Ensign. 
Jacob  Turner,  Captain. 
Daniel  Jones,  1  Lieut. 

Alsop  High,  2  Lieut. 

Benjamin  Morgan,  Ensign. 
Hillsborough. 

Philip  Taylor,  Captain. 

John  Kennon,  I  Lieut. 

Dempsey  Moore,  2  Lieut. 

Solomon  Walker,  Ensign. 

Archibald  Lyttle,  Captain. 

Thomas  Donoho,  1  Lieut. 

Samuel  Thompson,  2  Lieut. 

William  Lyttle,  Ensign. 

James  Emmett,  Captain. 

William  Clements,  1  Lieut. 


Edexton 
Peter  Simon,  Captain. 
Andrew  Duke,  1  Lieut. 
Nehemiah  Long,  2  Lieut. 
Benjamin  Bailey,  Ensign. 
JohnPugh  Williams,  Captain. 
Thos.  Whitmell  Pugh.l  Lieut. 
Joseph  Clayton,  2  Lieut. 
Elisha  Rhodes,  Ensign. 
Jerom  Maclaine,  Captain. 
Jacob  Pollock,  1  Lieut. 
Blount  Whitmell,  2  Lieut. 
William  Knot,  Ensign. 
Thomas  Granbery,  Captain. 
Kedar  Ballard,  1  Lieut. 
John  Granbery,  2  Lieut. 
Zephaniah  Burges,  Ensign. 
Roger  Moore,  Captain. 
William  Goodman,  1  Lieut. 
Benajah  Turner,  2  Lieut. 
Abel  Mosslander,  Ensign. 

Wilmington. 
John  Ashejun.  Captain. 
Charles  Hollingsworth,  1  L't, 
Mark  McLamy,  2  Lieut. 
David  Jones,  Ensign. 
John  James,  Captain. 
Daniel  Williams,  1  Lieut. 
John  McCan,  2  Lieut. 
Edward  Outlaw,  Ensign. 
Griffith  John  McRee,  Captain 
Francis  Child,  1  Lieut. 


Newbebn". 
Simon  Alderson,  Captain. 
William  Groves,  1  Lieut. 
John  Custis,  2  Lieut. 
James  McKinnie,  Ensign. 
John  Enloe,  Captain. 
George  Suggs,  1  Lieut. 
Henry  Cannon,  2  Lieut. 
Shadrach  Wooten,  Ensign. 
William  Caswell,  Captain. 
Henry  Darnell,  1  Lieut. 
John  Sitgreaves,  2  Lieut. 
John  Bush,  Ensign. 
Reading  Blount,  Captain. 
Benjamin  Coleman,  1  Lieut; 
John  Allen,  2  Lieut. 
Thomas  Blount,  Ensign. 
Beijamin  Stedman,  Captain. 
Robert  Turner,  1  Lieut. 
John  Eborn,  2  Lieut. 
Charles  Stewart,  Ensign. 

Salisbury. 
Robert  Smith,  Captain. 
William  Brownfield,  1  Lieut 
William  Caldwell,  2  Lieut. 
Thomas  McClure,  Ensign. 
William  Temple  Cole,  Captain, 
James  Carr,  1  Lieut. 
David  Craig,  2  Lieut. 
Joseph  Patten,  Ensign. 
Thomas  Harris,  Captaiu. 
Thomas  Picket,  1  Lieut 


16 

J.ohn  Madaris,  2  Lieut.  Christoper  Gooding,  2  Lieut.     James  Fair,  2.  Lieut. 

John  Morpis,  Ensign.  Richard  Singleiai) ,  Knsign.       James  Coots,  Ensign. 

Jesse  Saunders,  Captain.  George  .Mitchell,  Captain.         Joseph  Philip's,  Captain. 

William  Glover,  1  Lieut.  Amos  Love,  1  Lieut.  James  Shepherd,  1  Lieut. 

Pleasant  Henderson,  2  Lieut.    Benjamin  Pike,  2  Lieut.  Miiajah  Lewis,  2  Lieut. 

Thomas  Grant,  Ensign.  Reuben  Grant,  Ensign.  William  Meridith,  Ensign. 

William  Ward,  Captain.  Arthur  Council,  Captain.  John  Veilson,  Captain. 

John  Whitley,  I  Lieut.  Thomas  White,  J  Lieut.  William  Dent,  jun.  1   Licit. 

Willis  Pope,  2  Lieut.  Thomas  Armstrong,  2  Lieut.     James  Shu  rat,  2  Lieut. 

John  IJopson,  Ensign.  Denny  Porterfield,  Ensign.        Alexander  Nelson,  Ensign, 

BY   THE  HOUSE. 

John  Baptista  Ashe,  Captain.  James  Cook,  Captain. 

George  Daughertj,  1  Lieut.  Adam  Hampton,  1  Lieut. 

Andrew  Armstrong',  2  Lieut.  John  Walker,  jun.  2  Lieut. 

Joshua  Hadly,  Ensign.  Adam  McFaddon,  Ensign. 

The  Congress  taking  into  consideration  tlie  appointment  of  officers  to. 
the  companies  of  Light  Horse  to  be  raised  in  this  Province,  Resolved,  The 
following  persons  be  appointed  accordingly,  viz. 

John  Dickerson,  Captain,  Samuel  Ashe,  jun.  Lieutenant,  and  Abraham 
Childers,  Cornet,  of  the  1st  company.  Martin  Pfifer,  Captain,  James 
Sumner,  Lieutenant,  and  Valentine  Beard,  Cornet,  of  the  2d  company. — ■ 
James  Jones,  Captain,  Cosimo  Madacy,  Lieutenant,  and  James  Armstrong, 
Cornet,  of  the  3d  company. 

Resolved,  That  Mr.  Sumner,.  Mr.  Thomas  Person,  Mr.  Rutherford,  Mr. 
Ashe  and  Mr.  Nash  be  a  committee  to  regiment  the  different  companies. to 
be  raised. 

Resolved,  That  the  committee  of  Secrecy,  Intelligence  and  Observation. 
already  appointed  by  this  Congress,  shall  have  full  power  to  send  for,  and 
enforce  the  attendance  before  them  of  all  suspected  persons,  and  to  compel 
the  attendance  of  witnesses,  and  to  procure  all  such  papers  as  may  give  in- 
formation with  respect  to,  such  offenders;  and  that  such  committee  report 
nothing  to  this  House,  or  to  any  person,  which  may  tend  to  defeat  the  pur- 
pose of  this  appointment. 

Mr.  William  Cuming,  one  of  the  delegates  for  Pasquotank  county,  and 
Mr.  William  Murfree,  one  of  the  delegates  for  Hertford  county,  appeared 
and  took  their  seats. 

Ordered,  That  Mr.  William  Cumming  and  Mr.  John  Johnston  be  added 
to  the  committee  to  take  under  consideration  the  petition  of  William  Als- 
ton, and  that  the  said  petition  be  recommitted  for  their  consideration. 

Mr.  President  laid  before  the  House  a  copy  of  a  letter  received  from  the 
committee  of  Onslow  county,  from  John  Cruden  &  Co.  of  Wilmington,  to 
Patrick  McLeod,  of  London,  signifying  sundry  things  therein  unfriendly 
to  the  American  rights;  therefore  Resolved,  That  the  said  John  Cruden  be 
immediately  sent  for,  taken  into  custody,  and  brought  before  this  House, 
to  answer  for  his  conduct;  and  that  the  committee  of  Onslow  county  be  de- 
sired to  send  to  the  Congress  the  original  papers  respecting  the  said  John 
Cruden  &  Co.  and  William  Gibbs,  and  that  Capt.  John  Daly  be  appointed 
to  execute  this  resolve,  and  make  due  return  thereon. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Wednesday,   April  17,  1776. 
The  Congress  met  according  to  adjournment. 

Resolved,  That  no  recruiting  officer  shall  be  allowed  to  inlist  into  the 
service  any  servant  whatsoever,  except  apprentices  botmd  under  the  laws 


\7 
tif  this  Colony;  nor  any  such  apprentices,  Unless  the  Consent  of  his  master 
be  first  had  in  writing;  neither  any  man  unless  he  be  5  feet  4  inches  high, 
healthy,  strong  made,  and  well  limbed,  not  deaf,  or  subject  to  fits  or  ulcers 
on  their  legs. 

The  committee  for  regimenting  the  different  companies,  laid  before  the 
House  the  following  arrangement,  which  was  agreed  to,  viz. 


Jethro  Sumner,  Colonel. 

William  Alston,  Lieut.  Col. 

Samuel  Lockhart,  Major. 
1  William  Brinkly, 
9  Pinkithman  Eaton, 

3  Jolin  Gray, 

4  William  Barrot, 

5  Jacob  Turner, 

0  George  Granbury, 

7  James  Cook, 

8  Jame*  Emmet, 
Thomas  Polk,  Colonel. 
James  Tliackston,  Lieut.  Col. 
William  Davidson,  Major. 

1  Roger  Moore, 

2  John  Ashe, 

3  Jerom  Maclaine, 

4  Robert  Smith, 

5  William  Temple  Cole, 

6  Thomas  Harris, 

7  Joseph  Philips, 

8  John  Nelson, 


} 


Sd  Reg'U 


Captains. 


J 

1.4th  Reg't. 

I 

>Captains. 


Edward  Buncombe,  Colonel. 
Henry  Irwin,  Lieut.  Col. 
Levi  Dawson,  Major. 

1  Reading  Blount, 

2  John  Enloe, 

3  William  Caswell, 

4  Simon  Alderson, 

5  Benjamin  Stedman, 

6  Peter  Simons, 

7  John  Pugh  Williams, 

8  William  Ward, 
Alexander  Lillington,  Col. 
William  Taylor,  Lieut.  Col. 
Gideon  Lamb,  Major. 

1  John  James, 

2  Griffith  John  McRee, 

3  George  Mitchell, 

4  Arthur  Council, 

5  Philip  Taylor, 

6  Archibald  Lyttle, 

7  Jesse  Saunders, 

8  John  Baptista  Ashe, 


-5th  Reg't. 


>Capta*a9v 


-6th  Reg't. 


^Captains* 


The  Captains  to  take  rank  from  the  time  their  respective  companies  shall 
be  completed,  to  be  certified  under  the  hand  of  one  or  more  magistrates  of 
the  county  where  the  men  may  be  raised;  and  in  case  two  or  more  compa- 
nies be  compleated  in  one  day,  or  any  dispute  arise  about  rank,  that  it  be 
determined  by  a  court  martial. 

Ordered,^  That  Mr.  William  Cumming,  Mr.  Allen  Jones  and  Mr.  Ashe 
be  a  committee  to  draw  Up  rules  and  decorum  to  be  observed  in  Congress. 

Ordered,  That  John  Martin,  Donald  Shaw,  Soril  McDonald,  Nivin  Col- 
breath,  Robert  Mylne,  Richardson  Fagon,  John  Martin,  Alexander  Spiers 
and  George  Meeks  be  discharged  from  their  further  attendance. 

Ordered,  That  Edward  Winslow  be  discharged,  he  first  entering  int& 
bond,  with  .security,  in  the  sum  of  501.  for  his  personal  attendance  at  any 
future  time  before  this  Congress* 

That  James  Barns  have  liberty  to  retire  from  this  Congress,  and  that 
Col.  Nicholas  Long  deliver  to  him  his  waggon  and  horses,  and  such  other 
property  as  has  been  detained. 

Resolved,  That  Dr.  Robert  Hall  be  appointed  Chirurgeon  to  the  Sd  re- 
giment, Dr.  Hugh  Boyd  Chirurgeon  to  the  4th  regiment,  Dr.  Samuel  Coo- 
ly,  Chirurgeon  to  the  5th  regiment,  and  Dr.  William  McGlure  Chirurgeon 
to  the  6th  regiment. 

Resolved,  That  James  Hogan,  Esq.  be  appointed  Paymaster  of  the  Sd 
regiment  to  be  raised  in  this  Province,  also  Paymaster  to  the  three  compa- 
nies of  Light  Horse.  Samuel  Ashe,  Esq.  Paymaster  to  the  first  regiment.. 
Jacob  Blount,  Esq.  Paymaster  to  the  second  regiment.  Hezekiah  Alexan- 
der, Paymaster  to  the  fourth  regiment.  Thomas  Benbury,  Paymaster  to 
the  5tfi  regiment.     Nathaniel  Rochester,  Paymaster  to  the  6th  regiment. 

Resolvtd,  That  Mr.  Whitmell  Hill,  Mr*  Thomas  Pgrson,  Mr.  Johu 


'18 
Ashe,  Mr.  Poor,  Mr.  Harnett,  Mr.  Locke,  Mr.  Cooper,  Mr.  Lamon  and 
Mr.  John  Johnston  be  a  committee  to  settle  the  rations  and  the  price  to  be 
allowed  the  commissaries  for  victualling  the  army. 

Resolved,  That  Nicholas  Long,  Esq.  be  recommended  to  the  General 
Congress  for  Quarter  Master  General  to  the  Southern  Department,  to  rank 
as  Colonel;  and  that  he  act  as  Quarter  Master  in  this  Province  until  the 
sense  of  the  Congress  shall  be  had  thereon. 

Resolved,  That  Samuel  Swan,  Esq.  be  recommended  to  the  General  Con- 
gress for  Deputy  Adjutant  General  in  this  Province,  and  that  he  act  as 
such  until  the  sense  of  the  Congress  shall  be  had  thereon. 

Resolved,  That  Mr.  Locke,  Mr.  Sanders,  Mr.  Thomas  Person,  Mr.  Ru- 
therford, Mr.  Whitmell  Hill,  Mr.  Burke,  Mr.  Nisbet,  Mr.  Spencer,  Mr. 
Abraham  Shepherd  and  Mr.  Thomas  Harvey  be  a  committee  to  settle  and 
allow  the  pay  of  the  Light  Horse  heretofore  in  the  service,  and  also  the 
pay  of  those  Light  Horse  directed  to  be  raised  by  this  Congress. 

The  order  of  the  day  being  read,  Resolved,  That  M  r.  Hooper,  Mr.  Penn, 
Mr.  Harnett,  Mr.  Thompson,  Mr.  Campbell,  Mr.  Benbury,  Mr.  Abbot, 
Mr.  Jarvisj  Mr.  Nash,  Mr.  Cooper,  Mr.  Miles  Harvey,  Mr.-  Thomas  Jones. 
Mi*.  John  Ashe,  Mr.  Spicer  and  Mr.  John  Jordan  be  a  committee  to  take 
into  consideration  the  defence  and  state  of  the  Sea  coast,  and  make  report 
thereon. 

Resolved,  That  Mr.  Spencer,  Mr.  Hawkins,  Mr.  Joseph  Williams,  Mr. 
Thomas  Person  and  Mr.  John  Johnston  be  a  standing  committee  to  take  in- 
to consideration  such  petitions  as  may  be  exhibited  by  persons  who  shall 
appear  objects  of  charity. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

— .»►>*©  ©  ®< 

Thursday,   April  18^  1776. 
The  Congress  met  according  to  adjournment. 

Resolved,  That  it  be  an  instruction  from  this  House  to  the  committee  of 
Claims,  to  allow  all  reasonable  charges  and  expences  to  the  officers,  sol- 
diers, and  other  persons,  who  served  in  the  militia  lately  in  service,  al- 
though there  be  no  provision  made  for  such  claims  in  the  act  or  acts  of  As- 
sembly, or  resolves  of  Congress,  heretofore  maclej  and  that  where  it  shall 
appear  to  them  that  any  individual  has  bona  fide  advanced  his  money  for 
the  public  service,  they  shall  allow  the  same. 

Resolved,  That  every  member  of  this  Congress  consider  himself,  under 
the  ties  of  virtue,  honor  and  love  of  his  country,  not  to  divulge,  directly  or 
indirectly,  any  matter  or  thing  agitated  or  debated  in  Congress,  during  the 
time  of  debate,  or  before  the  same  shall  be  determined,  or  after  the  deter- 
mination thereof,  which  the  President,  at  the  request  of  the  mover  thereof, 
openly  shall  direct  to  b^  kept  secret,  without  leave  of  the  Congress,  or  a 
majority  thereof;  and  that  every  person  who  shall  violate  this  agreement 
shall  be  expelled  the  Congress,  and  considered  as  an  enemy  to  America; 
and  that  every  member  signify  his  consent  thereto  by  signing  his  name. 

Samuel  Johnston,  Thomas  Respiss,  jun.  John  Cowper,  John  Campbell, 
William  Alston,  Phil.  Hawkins,  jun.  Jacob  Blount,  John  Bryan,  William 
Thompson,  Solomon  Shepherd,  William  Person,  Samuel  Jarvis,  James  Ry- 
an, Solomon  Perkins,  James  White,  Thomas  Benbury,  Thomas  Jones, 
John  Thompson,  William  Haywood,  Elisha  Battle,  M.  Hunt,  John  Taylor, 
jun.  Joseph  Hancock,  John  Jordan,  Robert  Sumner,  Joseph  John  Williams, 


19 
Willis  Alston,  John  Bradford,  James  Hogun,  Nathaniel  Richardson,  James 
Council,  Arthur  Council,  John  Pfifer,  John  McNitt  Alexander,  Robert  Ir- 
win, William  Williams,  John  Ashe,  John  Devane,  Allen  Jones,  Drury 
Gee,  John  King,  Miles  Harvey,  W.  Skinner,  Thomas  Boyd,  William 
Robson,  Griffith  Rutherford,  Matthew  Lock,  John  Hinton,  J.  Rand,  Cor- 
nelius Harnett,  Whitmell  Hill,  Howell  Edmunds,  David  Nisbit,  James 
Coor,  John  Webb,  Hay  Ridley,  David  Sumner,  C.  W.  Jacocks,  Jeph. 
Atherton,  James  Bonner,  Nathan  Boddie,  Rotheas  Latham,  Benjamin  Par- 
mele,  Jeduthan  Harper,  George  Miller,  Richard  Caswell,  S.  Ashe,  Joseph 
Jones,  Sam.  Smith,  A.  Corrie,  John  Johnston,  Benajah  Doty,  John  Hol- 
linsworth,  John  Spiccr,  William  Brown,  Nathaniel  Rochester,  David 
Smith,  David  Love,  Thomas  Burke,  Charles  Eaton,  Alexander  McAlester, 
William  Johnston,  James  Sanders,  Simon  Bright,  J.  Kinchen,  Thomas 
Wiggins,  Ransom  Southerland,  Henry  Abbot,  Demsey  Burges,  William 
Dent,  Ralph  Gorrell,  A.  Nash,  Elisha  Cain,  Ting.  Jones,  K.  McKenzie, 
A.  Ramsey,  Joseph  Williams,  Dun.  Lamon,  Thomas  Harvey,  William 
Dickson,  Needham  Bryan,  Joseph  Winston,  Charles  Gordon,  Eaton 
Haynes,  Samuel  Spencer,  John  Chiles,  Abraham  Sheppard,  jun.  Law.  Ba- 
ker, Will.  Hooper,  John  Penn,  Will.  Gumming,  William  Murfree,  Gideon 
Lamb,  James  Green,  jun.  Sec.  J.  Glasgow,  Assistant,  John  Hunt,  Assist- 
ant, Thomas  Person,  Green  Hill,  Thomas  Sherrod,  John  Simpson,  Tom 
Gray,  Thomas  Hunter. 

On  motion,  Ordered,  That  Henry  Giffard's  letter  to  Col.  James  Moore 
be  referred  to  the  committee  to  take  into  consideration  the  most  practica- 
ble and  most  expeditious  method  with  supplying  the  Province  with  arms, 
ammunition,  warlike  stores,  &c. 

Ilesolved,  That  Mr.  Allen  Jones,  Mr.  Nash,  Mr.  John  Ashe,  Mr.  Miles 
Harvey  and  Mr.  William  Thompson  be  a  committee  to  draw  up  instruc- 
tions and  orders  for  the  recruiting  officers. 

Ordered,  That  John  Slingsby,  James  Wark,  Dougal  Campbell,  Hector 
McNeill,  Daniel  Treadway,  Malcolm  McNeill,  James  Cooper,  John  Cox, 
James  Collins  and  Daniel  Muse  have  leave  to  re-tire  from  their  further  at- 
tendance on  this  Congress,  and  that  certificates  be  issued  for  their  passing 
unmolested. 

On  motion,  Resolved,  That  a  resolve  of  yesterday,  for  appointing  James- 
Hogun  Paymaster  to  the  3d  regiment,  Samuel  Ashe  Paymaster  to  the  1st 
regiment,  Jacob  Blount  Paymaster  to  the  2d  regiment,  Hezekiah  Alexan- 
der Paymaster  to  the  4th  regiment,  Thomas  Benbury  Paymaster  to  the  5th. 
regiment,  and  Nathaniel  Rochester  Paymaster  to  the  6th  regiment,  be  re- 
scinded. 

Resolved,  That  Jacob  Blount,  Esq.  be  appointed  Paymaster  to  the  troops 
in  this  Province,  and  that  he  be  allowed  fifty  dollars  per  month,  (the  pay 
of  a  Deputy  Paymaster,)  and  that  he  enter  into  bond,  with  sufficient  secu- 
rity, in  the  sum  of  100,0001.  for  his  faithful  discharge  of  that  office. 

Resolved,  That  Robert  Bignal  be  allowed  the  sum  of  541.  8s.  8d.  Proc. 
money,  for  100  wt.  of  gunpowder,  and  433  wt.  of  shot;  that  the  Treasur- 
ers, or  either  of  them,  pay  him  the  same,  on  his  producing  a  receipt  from 
Col.  Henry  Irwin  that  the  same  is  bona  fide  delivered. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 


20 
Friday,  April  19,    1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Thomas  Wade  and  David  Love  for  Anson,  Henry  Bou 
ner  and  Joseph  Blount  for  Beaufort,  Thomas  Robinson  and  Thomas  Brown 
for  Bladen,  Zedekiah  Stone  and  Jonathan  Jacocks  for  Bertie,  Richard 
Quince,  jun.  and  Parker  Quince  for  Brunswick,  Julius  Nichols  and  Adkin 
Macklemore  for  Bute,  Christopher  Neale  and  William  Blount  for  Craven, 
John  Eason  and  Brice  Williams  for  Carteret,  Samuel  Jarvis  and  Solomon 
Perkins  for  Currituck,  Luke  Sumner  and  John  Baptist  Beasley  for  Chow- 
an, Ebenezer  Fulsome  and  John  Blocker  for  Cumberland,  Mial  Scurlock 
and  Solomon  Morgan  for  Chatham.  James  Kenan  and  Richard  Clinton  for 
Duplin,  Benjamin  Sheppard  and  Joseph  Green  for  Dabbs,  Henry  Horn  and 
Jonas  Johnston  for  Edgecomb,  Memucan  Hunt  and  Thomas  Banks  for 
Granville,  Charles  Bruce  and  Daniel  Galaspee  for  Guilford,  Edward  Han- 
cock and  William  Russel  for  Hyde,  George  Little  and  William  Baker  for 
Hertford,  Egbert  Haywood  and  David  Crawley  for  Halifax,  Needham  Bry- 
an and  John  Smith  for  Johnston,  David  Rees  and  Thomas  Harris  for  Meck- 
lenburg, Francis  Ward  and  Blake  Baker  Wiggins  for  Martin,  John  Devane 
and  Capt.  John  Foster  for  New  Hanover,  William  Eaton  and  Hezekiah 
Hough  for  Northampton,  William  King  and  Thomas  Johnston  for  Onslow, 
John  Butler  and  John  Atkinson  for  Orange,  Benjamin  Harvey,  jun.  and 
Edmund  Blount  for  Perquimons,  Isaac  Gregory  and  Othniel  Lassell  for 
Pasquotank,  James  Gorham  and  Benjamin  May  for  Pitt,  Francis  Lock 
and  James  Brandon  for  Rowan,  Robert  Lanier  and  Jesse  Walton  for  Surry, 
Stevens  Lee  and  Hezekiah  Spruill  for  Tyrrell,  William  Grimes  and  Robert 
Alexander  for  Tryon,  and  Thomas  Hines  and  Theophilus  Hunter  for 
Wake  county,  be  appointed  to  receive,  procure  and  purchase  fire  arms  for 
the  use  of  the  troops,  and  that  they  observe  the  following  regulations: 

1.  That  they  receive  into  their  possession  all  such  arms  as  have  been 
taken  from  the  Tories,  and  keep  them  safely  till  they  shall  be  demanded  by 
persons  hereafter  to  be  appointed  by  this  Congress  for  that  purpose;  and 
that  they  have  power  to  give  discharges  upon  such  receipts  to  all  persons 
intitled  to  them. 

2.  That  they  purchase  all  fire  arms  which  are  good  and  sufficient,  and 
fit  for  immediate  use;  and  also  such  as  may  be  repaired,  and  put  in  such 
order  as  to  be  made  useful.  Provided,  that  no  guns  fit  for  immediate  use 
may  be  purchased  from  any  militia  man,  whereby  he  may  be  able  to  plead 
such  circumstance  in  excuse  for  not  attending  his  duty  as  a  militia  man 
when  called  upon. 

3.  That  such  arms  as  they  shall  purchase  which  are  out  of  repair,  they 
shall  immediately  put  into  the  hands  of  workmen  to  make  fit  for  use,  and 
by  every  means  in  their  power  expedite  the  same. 

4.  That  the  arms  so  taken,  when  repaired,  shall  be  valued  by  indifferent 
persons,  and  after  deducting  the  expense  of  the  repairs,  the  surplus  shall 
be  paid  to  those  from  whom  such  were  purchased;  and  as  to  those  which  are 
fit  for  immediate  use,  the  value  thereof,  upon  appraisement  made  by  in- 
different persons,  shall  be  paid  to  the  proprietors. 

Resolved,  That  as  there  are  a  number  of  persons  called  Quakers,  Mora- 
vians and  Dunkards,  who  conscientiously  scruple  bearing  arms,  and  as 
such  have  no  occasion  for  fire  arms,  that  they  be  informed,  that  it  is  the 
sense  and  confident  expectation  of  this  Congress,  that  they  will  dispose  of 


£1 
their  fire  arms  to  the  said  commissioners,  they   receiving  the  full  value 
thereof;  but  that  no  compulsion  be  exercised  to  induce  them  to  this  duty. 

Resolved,  That  the  sum  of  3001.  be  advanced  to  the  draught  of  the  said 
commissioners  for  each  county,  they  giving  bond  and  security  for  the  due 
application  of  the  same,  and  that  such  bund  be  to  the  President  of  this 
Congress;  and  that  the  Delegates  of  each  county  shall  take  care  that  such 
bond  is  given,  and  shall  exert  themselves  to  aid  and  assist  the  said  commis- 
sioners to  carry  these  resolves  into  execution. 

Resolved  also,  That  the  said  commissioners  shall  receive  from  those  who 
now  hold  them  in  possession,  all  swords,  dirks,  pistols,  and  all  other  im- 
plements of  war,  which  have  been  taken  from  the  Tories;  and  that  they 
purchase  as  many  bayonets  as  can  be  procured,  which  are  already  made. 

Resolved  also,  That  if  armorers  cannot  be  found  in  each  county  sufficient 
for  repairing  such  arms,  that  they  be  sent  into  such  public  armory  as  shall 
be  established  hereafter  by  this  Congress. 

Resolved,  That  the  said  commissioners  shall  be  allowed  a  genteel  and 
generous  compensation  for  their  service,  in  proportion  to  the  fidelity  and 
despatch  with  which  they  shall  execute  this  trust. 

Resolved,  That  the  Colonels  of  the  continental  troops  shall  receive  from 
the  said  commissioners  such  arms  as  they  may  collect,  as  soon  as  they  are 
fitted  for  use,  and  shall  deliver  them  out  to  the  recruits;  and  as  soon  as 
their  respective  regiments  are  armed,  the  surplus  in  their  hands  to  be  deli- 
vered over  to  the  Commissary  of  Stores,  hereafter  to  be  appointed. 

The  committee  appointed  to  take  into  consideration  the  defenceless  state 
of  the  sea  coast  of  this  Province,  do  report,  and  humbly  submit  to  the  con- 
sideration of  the  Congress,  the  following  as  their  opinion,  viz.  That  the  sea 
coast  from  the  Virginia  line  to  Occacock  Inlet,  as  also  the  coast  from  Occa- 
cock  to  Bogue  Inlet,  and  from  that  Inlet  to  the  South  Carolina  line,  is  total- 
ly defenceless,  and  all  the  sea  banks  covered  with  cattle,  sheep  and  hogs, 
and  the  few  inhabitants  living  on  the  banks  are  chiefly  persons  whose 
estates  consist  in  live  stock,  and  exposed  to  the  ravages  of  the  small  arm- 
ed vessels  and  tenders;  and  that  if  the  armed  vessels  and  tenders  are  pre- 
vented from  getting  supplies  of  fresh  provisions  from  the  sea  coast,  it  will 
be  impossible  for  the  war  to  be  of  long  continuance  in  this  Province,  as  the 
seamen  and  soldiers  will  be  afflicted  with  the  scurvy  and  other  diseases,  a- 
rising  from  the  constant  use  of  salt  provisions,  and  therefore  be  under  the 
necessity  of  quitting  the  coast,  and  by  that  means  save  to  the  back  inhabit- 
ants of  this  Province  the  very  great  trouble  and  heavy  expense  of  frequent- 
ly coming  down  to  the  assistance  of  their  brethren  on  the  sea  board. 

Your  committee  further  submit  to  the  consideration  of  the  Congress  the 
necessity  there  is  of  raising  another  regiment,  and  stationing  six  companies 
out  of  the  same  on  the  sea  coast  for  its  defence,  in  the  following  manner, 
viz.  Two  companies  from  the  Virginia  line  to  Occacock  Inlet,  two  com- 
panies between  Occacock  Inlet  and  Bogue  Inlet,  and  two  companies  be- 
tween Bogue  Inlet  and  the  South  Carolina  line;  and  that  it  be  recommend- 
ed to  the  Continental  Congress  to  take  the  said  regiment  into  Continental 
pay,  first  fully  assuring  the  Congress  of  the  necessity  of  such  a  measure. 

Ordered,  The  said  report  lie  for  consideration  till  to-morroAV. 

Ordered,  That  Mr.  Hooper  and  Mr.  Penn  be  added  to  the  committee  of 
Secrecy,  War  and  Intelligence. 


Mr.  Spieer,  Mr.  Hunt  and  Mr.  Tignal  Jones  have  leave  to  absent  them- 
selves for  a  few  days. 

Ordered,  That  Mr.  Rochester,  Mr.  Dickson,  Mr.  Lawrence  Baker,  Mr. 
William  Williams,  Mr.  Thomas  Harvey  and  Mr.  Benajah  Doty,  be  added 
to  the  committee  of  Claims  and  Military  Accounts. 

Ordered,  That  Mr.  Thomas  Person,  Mr.  Kinchen,  Mr.  Thomas  Jones, 
Mr.  Whitmell  Hill,  Mr.  Lock,  Mr.  Gumming,  Mr.  William  Williams  and 
Mr.  Thomas  Benbury,  be  a  committee  to  prepare  a  number  of  resolves  to 
expedite  the  business  for  emitting  money. 

The  returning  officer  having  certified  that  Mr.  Charles  W.  Jacocks  was 
duly  elected  a  Delegate  for  the  county  of  Bertie,  pursuant  to  a  resolve  is- 
sued from  this  Congress  the  10th  instant,  the  said  Mr.  Jacocks  appeared 
and  took  his  seat. 

The  Congress  adjourned  'till  to-morrow  morning,  nine  o'clock. 

—-»►>»©»**•— 
Saturday,   April  20,   1776. 

The  Congress  met  according  to  adjournment. 

The  committee  to  draw  up  instructions  and  orders  for  the  recruiting  offi- 
cers, reported  as  follows: 

1.  They  are  to  inlist  none  but  able  bodied  men,  fit  for  service,  capable 
of  marching  well,  and  such  whose  attachment  to  American  liberties  they 
have  no  cause  to  suspect;  young,  hearty,  robust  men,  whose  birth,  family, 
connections  and  property  bind  them  to  the  interest  of  their  country,  and 
well  practised  in  the  use  of  firearms,  are  much  to  be  preferred.  2.  They 
areas  much  as  possible  to  have  regard  to  moral  character,  particularly  so- 
briety. 3.  They  are  not  to  inlist  any  imported  servant,  nor,  without  the 
leave  of  his  master,  any  apprentice.  4.  They  are  to  be  careful  in  inlist- 
ing  such  men  for  Serjeants  and  Corporals,  whose  ability,  activity  and  dilir 
gence  make  them  fit  for  that  appointment ;  they  are  also  to  appoint  a  Fifer 
and  Drummer.  5.  They  are  to  exert  themselves  to  complete  their  compa- 
nies, and  punctually  to  report  to  their  Colonels.  6.  That  the.  soldiers  be 
allowed  1  s.  per  day  each  for  their  subsistence  till  they  join  their  regiment. 
7.  They  are  to  take  notice  that  the  Colonel  of  their  battalion,  or  some  field 
officer  appointed  by  him,  are  to  inspect  their  men,  and  to  reject  such  as 
are  not  fit  for  service*-  8.  They  are  to  furnish  the  subaltern  officers  of  their 
companies  with  a  copy  of  their  instructions.  9.  They  are  to  inlist  their 
men  according  to  the  following  form,  viz.  10.  "  I  have  this  day  volunta- 
rily inlisted  myself  as  a  soldier  in  the  American  Continental  Army,  and  do 
bind  myself  to  conform  in  all  instances  to  such  rules  and  regulations  as  are 
or  shall  be  established  for  the  government  of  the  said  army;  as  witness  my 
hand,  &c."  11.  That  they  inlist  no  soldier  under  5  feet  4  inches  high,  a- 
ble  bodied  men,  healthy,  strong  made,  and  well  limbed,  not  deaf,  or  sub- 
ject to  fits,  or  ulcers  on  their  legs,  or  ruptures.  12.  That  they  pay  to  each 
soldier  they  shall  inlist  40  s.  bounty,  and  3  1.  advance;  and  that  ever}r  re^ 

cruittake  the  following  oath:  I do  sivear,  that  I  will  be  faithful  and 

true  to  the  United,  Colonies;  that  I  tvill  serve  the  same,  to  the  utmost  of  my 
power,  in  defence  of  the  just  rights  of  America,  against  all  enemies  whaU 
soever;  that  I  will,  to  the  utmost  of  my  abilities,  obey  the  lawful  commands 
of  my  superior  officers,  agreeable  to  the  Ordinances  of  the  Congress,  and  the 
Articles  of  War  to  which  I  have  subscribed;  and  lay  doivn  my  arms  pcacea- 


23 
hhjt  uflten  required  so  to  do  by  the,  Coniincnlcd  Congress.     So  help  me  God, 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

The  committee  appointed  to  settleand  allow  the  pay  of  the  Light  Horse 
heretofore  in  the  service,  and  also  the  pay  of  those  Light  Horse  directed 
to  be  raised  by  this  Congress,  reported  as  follows: 

Your  committee  are  of  opinion  that  each  Light  Horse  man  employed  in 
the  late  expedition  against  the  insurgents  in  this  Province,  should  be  allow- 
ed 2  s.  6d.  for  every  day  he  served,  and  that  for  every  horse  (where  the 
public  found  forage)  the  owner  should  be  allowed  2  s.  and  2  s.  6  d.  where 
forage  was  supplied  by  the  owner.  That  to  every  Captain  in  such  service 
should  be  allowed  10  s.  Lieutenants  7  s.  6  d.  and  to  every  cornet  5  s.  per 
day.  That  2  s.  6  d.  for  every  day's  service  should  be  allowed  to  every 
Light  Horse  man  who  shall  hereafter  enter  into  the  regular  service  (exclu- 
sive of  the  horse)  and  to  every  captain  the  same  pay  as  a  Major  of  Foot, 
to  every  Lieutenant  the  same  pay  as  a  Captain  of  Foot,  and  to  every  Cor- 
net the  same  pay  as  a  Lieutenant  of  the  Foot. 

The  House  taking  the  same  into  consideration^  concurred  therewith. 

Ordered,  That  Mr*  Abraham  Sheppard,  Mr.  William  Johnston.,  Mr* 
Samuel  Spencer  and  Mr.  Thomas  Wiggins,  have  leave  of  absence. 

The  order  of  the  day  being  read  for  taking  into  consideration  the  de- 
fenceless state  of  the  sea  coast,  Ordered,  The  same  be  deferred  till  Mon- 
day next. 

The  Congress  adjourned  till  Monday  morning,  nine  o'clock. 

— ■>«©««• — 
Monday,  April  22,   1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Major  Peter  Dauge  and  Mr.  Demsey  Gregory  be  appoint- 
ed to  take  immediately  into  their  possession  all  the  negroes  belonging  to  the 
estates  of  Thomas  Macknight,  late  of  Currituck  county,  and  also  of  James 
Parker  and  Robert  Gilmorc,  and  cause  them  to  be  immediately  brought  to 
this  place,  that  the  said  negroes  may  be  subject  to  the  further  order  of  this 
Congress. 

On  motion*  Resolved,  The  Congress  resolve  itself  into  a  committee  of 
the  whole,  to  take  into  consideration  the  state  and  arrangement  of  the  mi- 
litia in  this  Province. 

The  Congress  resolved  itself  into  a  committee  of  the  whole  accordingly, 
and  chose  John  Campbell,  Esq.  Chairman;  and  after  sometime  spent  there- 
in, came  to  several  resolutions.  Then,  on  motion,  Mr.  President  resumed 
the  Chair,   and  the  Chairman  reported  as  follows: 

Resolved,  That  a  Brigadier  General  of  the  militia  be  appointed  in  each 
district  of  this  Province. 

Resolved,  That  Richard  Caswell,  Esq.  be  appointed  Brigadier  General 
of  the  militia  for  the  district  of  Newbern.  John  Ashe,  Esq.  for  the  dis- 
trict of  Wilmington.  Thomas  Person,  Esq.  for  the  district  of  Hillsbo- 
rough. Griffith  Rutherford,  Esq.  for  the  district  of  Salisbury.  Edward 
Vail,  Esq.  for  the  district  of  Edenton.  Allen  Jones,  Esq.  for  the  district  of 
Halifax. 

Resolved,  That  each  of  the  Brigadier  Generals  shall  take  rank  in  their 
respective  districts. 

Resolved,  Thai  the  following  persons  be  appointed  field  officers  in  the- 
Respective  counties*  viz. 


24 
Jbison  county,  Charles  Medlock,  Colonel,  David  Love,  Lieut.  Colo- 
nel, William  Picket,  1  Major,  George  Davidson,  2  Major.  Beaufort, 
James  Bonner,  Col.  Thomas  Bonner,  Lieut.  Col.  William  Brown,  1  Ma- 
jor, Henry  Bonner,  2  do.  Bertie,  Thomas  Whitmell,  Col.  Thomas  Pugh, 
Lieut.  Col.  James  Moore,  1  Major,  Arthur  Brown,  2  doi  Bladen,  Tho- 
mas Robeson,  Col.  Thomas  Brown,  Lieut*  Col*  Thomas  Owen,  1  Major, 
James  Richardson,  2  do.  Bute,  Thomas  Eaton,  Col.  William  Alston, 
Lieut.  Col.  Thomas  Sherwood,  1  Major,  Green  Hill,  2  do.  Craven,  John 
Bryan,  Col.  Lemuel  Hatch,  Lieut.  Col*  John  Bryan,  1  Major,  John  Til- 
man,  2  do.  Carteret,  William  Thompson,  Col.  Solomon  Shepherd,  Lieut. 
Col.  Thomas  Shadwick,  1  Major,  Malicha  Bell,  2  do.  Currituck,  Hollo- 
well  Williams,  Cok.  Solomon  Perkins,  Lieut.  Col.  Taylor  Jones,  1  Major, 
Asael  Simmonds,  2  do.  Chowan,  Thomas  Bonner,  Col.  James  Blount, 
Lieut.  Col.  Thomas  Benbury,  1  Major,  Jacob  Hunter,  2  do.  Cumberland, 
Alexander  M'Aiister,  Col.  Ebenezer  Fulsome,  Lieut*  Col.  David  Smith) 
1  Major,  Philip  Alston,  2  do.  Chatham,  Ambrose  Ramsay,  Col*  Jedu- 
than  Harper,  Lieut*  Col.  Mial  Scurlock,  1  Major,  Matthew  Jones,  2  do* 
Duplin,  James  Kenan,  Col*  Thomas  Routlidge,  Lieut.  Col.  James  Moore, 

1  Major,  Robert  Dickson,  2  do.  Dobbs,  Abraham  Shepherd,  Col.  Mar^ 
tin  Caswell,  Lieut.  Col.  William  McKinnie,  1  Major,  James  Glasgow,  2 
do.  JEdgecomb,  Exum  Lewis,  Col.  Simon  Gray,  Lieut.  Col.  Jonas  John- 
ston, 1  Major,  Thomas  Hunter,  2  do.  Granvillei,  Joseph  Taylor,  Col. 
Charles  Rust  Eaton,  Lieut.  Col.  Samuel  Smith,  1  Major,  Thornton  Yan^ 
cy,  2d  do.  Guilford,  James  Martin*.  Col.  John  Peasly,  Lieut*  Col.  Tho- 
mas  Owen,  1  Major,  Thomas  Blair,  2  do.  Hyde,  Rotheas  Latham,  Col. 
Benjamin  Parmele,  Lieut.  Col*     William  Russell,  1  Major,  Thomas  Jones* 

2  do.  Hertford,  Benjamin  Wynns,  Col.  Matthias  Brickell,  Lieut.  Col. 
Lawrence  Baker,  1  Major,  George  Little,  2  do.  Halifax,  Willis  Alston. 
Col.  David  Sumner,  Lieut.  Col.  James  Hogan,  1  Major,  Samuel  Weldon*. 
2  do.  Johnston,  William  Bryan,  Col.  John  Smith,  Lieut.  Col.  Samuel 
Smith,  jun.  1  Major,  John  Stevens,  2  do.  Mecklenburg*,  Adam  Alexan- 
der, Col.  John  Pfifer,  Lieut.  Col.  John  Davidson,  1  Major,  George  A- 
lexander,  2  do.  Martin,  William  Williams,  Colonel,  Whitmel  Hill, 
Lieut.  Col.  Thomas  Wiggins,  1  Major,  KennithMcKinzie,  2  do.  New 
Hanover,  William  Purviance,  Col.  Anthony  Ward,  Lieut.  Col.  Henry 
Young,  1  Major,  Thomas  Bloodworth,  2  do.  Northampton,  William 
Eaton,  Col.  Jeptha  Eatherton,  Lieut.  Col.  Howell  Edmunds,  1  Major, 
Drury  Gee,  2  do.  Onsloiv,  William  Cray,  Col*  Henry  Rhodes,  Lieut. 
Col.  Thomas  Johnston,  1  Major,  James  Howard,  2  do.  Southern  Regi-^ 
ment  in  Orange,  John  Butler,  Col*  Nathaniel  Rochester,  Lieut.  Col.  Ro- 
bert Abercrombie,  jun.  1  Major,  Hugh  Tennen,  2  do.  Northern  Regiment 
in  Orange,  James  Saunders,  Col.  William  Moore,  Lieut.  Col.  John 
Paine,  1  Major,  Thomas  Harrison,  2  do.  Perquimons,  Miles  Harvey, 
Col.  William  Skinner,  Lieut.  Col.  Thomas  Harvey,  1  Major,  Richard 
Clayton,  2  do.  First  Regiment  of  Pasquotank,  Thomas  Boyd,  Col.  Spen- 
cer Ripley,  Lieut.  Col.  Othneil  Lascelles,  1  Major,  John  Casey,  2  do. 
Second  Regiment  of  Pasquotank,  Isaac  Gregory,  Col.  Demsey  Burges, 
Lieut.  Col.  Joshua  Campbell,  1  Major,  Peter  Dauge,  2  do.  Pitt,  John 
Simpson,  Col.  Robert  Salter,  Lieut.  Col.  George  Evans,  1  Major,  James 
Armstrong,  2  do.  First  Regiment  of  Rowan,  Francis  Lock,  Col.  Alex- 
ander Dobbins,  Lieut.  Col*  James  Brandon,  1  Major,  James  Smith,  2  do* 


25 
Second  Regiment  of  Rowan,  Christopher  Bee  Lilian,  Qol.  Charles  Mc- 
Dowell; Lieut.  Col.  Hugh  Brevard,  1  Major,  George  Welfong,  2  do; 
Sitrry,  Martin  Armstrong,  Col.  Joseph  Williams,  Lieut.  Col.  Joseph  Win- 
ston, 1  Major,  Jesse  Walton,  2  do.  Tyrrell,  Clement  C^ook,  Col.  James 
Long,  Lieut.  Col.  Joseph  Spruill,  jun.  1  Major,  Andrew  Long,  2  do. 
Tryon,  William  Graham,  Col.  Thomas  Beaty,  Lieut.  Col.  Andrew 
Hampton,  1  Major,  Jacob  Cosner,  2  do.  Wake,  John  Hinton,  Col. 
Theophilus  Hunter,  Lieut.  Col.  John  Hinton,  jun.  1  Major,  Thomas  Hines, 
2  do. 

Resolved,  That  the  militia  of  the  county  of  Orange  be  divided  into  two 
equal  Regiments,  to  wit:  the  Northern  and  Southern  Regiments;  the  North- 
ern to  include  all  the  effective  men  on  the  north  side  of  a  certain  east  and 
west  Hue  heretofore  run  by  the  direction  of  the  County  Court  ot  Orangey 
and  the  Southern  to  include  all  the  effective  men  on  the  southern  side  of  the 
said  line. 

The  House  taking  the  said  report  into  consideration,  concurred  there- 
with. 

The  committee  appointed  to  prepare  a  number  of  resolves  to  expedite 
the  business  of  striking  money,  came  to  the  following  resolutions,  which 
they  humbly  submit  to  the  consideration  of  the  Congress,  viz. 

Resolved,  That  the  sum  of  250,000  dollars  shall  be  struck  in  bills  of 
Credit,  of  the  following  numbers  and  denominations,  viz. 

3000         12s  dollars,       £15000 
10000  Th     do.  30000 

10GC0  5       do.  20000 

20000  2.}     do.  20000 

Resolved,  That  the  form  of  the  sail 
North  Carolina  Currency. 

Dollars,  by  authority  of  Congress,  at  Halifax^  on  the  2,d  day  of 


20000 

1    dollar,  £  8000 

20000 

1-2  do.      4000 

20000 

1-4  do.      2000 

20000 

1-8  do.      1000 

ills  be  as  foil* 

iws,  viz.     £  100000 

April,   17? '6. 

Resolved,  That  Mess.  John  Kinchen,  Thomas  Bcnbury,  Memucan  Hunt 
and  John  Johnston,  or  the  survivors  of  them,  be  a  committee  to  get  proper 
plates  engraved,  and  to  provide  paper  and  number  the  bills,  and  to  agree 
with  an  engraver  or  engravers  to  stamp  or  print  the  said  bills,  and  to  form, 
devices  fbr  the  same;  and  that  they  be,  and  are  hereby  fully  authorised  to 
superintend  the  press,  to  have  the  oversight  and  care  of  stamping  or  print- 
ing the  bills  of  credit  so  to  be  struck,  and  to  deliver  the  same  stitched  to 
the  Commissioners  hereafter  to  be  appointed  to  sign  the  said  bills. 

Resolved,  That  the  said  commissioners  shall  use  the  best  of  their  care  and 
diligence  that  the  said  bills,  according  to  their  respective  denominations, 
and  according  to  the  manner  and  form  aforesaid,  be  forthwith  printed  or 
struck;  and  that  the  number  of  any  of  the  denominations  thereof  be  not 
exceeded,  nor  any  clandestine  of  fraudulent  practice  be  used  by  the  en- 
graver or  engravers,  his  or  their  apprentices,  servants,and  others,  concern- 
ed in  the  printing  or  striking  thereof. 

Resolved,  That  the  engraver  or  engravers  which  the  commissioners  shall 
employ  in  the  said  work,  before  he  or  they  enter  upon  the  same,  take  before 
some  Justice  of  the  Peace,  in  the  presence  of  one  or  both  of  the  said  com- 
missioners, the  following  oath,  viz. 

"  I,  «#,  B.  do  swear,  that  I  will  truly,  faithfully  and  honestly  perform 
the  duty  of  engraver  of  the  bills  of  credit  directed  to  be  engraved  by  a  re^ 

4 


SG 
solve  of  the  Congress  of  North  Carolina,  held  at  the  town  of  Halifax  the 
second  day  of  April,  in  the  year  of  our  Lord  1776;  and  that  I  vail  notad- 
visedly  print,  stamp  or  strike  a  greater  number  of  blank  bills  of  credit  than 
-in  that  resolve  mentioned,  nor  of  any  other  denomination  than  therein  ex- 
pressed, except  such  sheets  as  may  be  so  blotted,  unfair,  or  imperfect  in 
the  printing  or  striking  thereof,  that  the  same  shall  be  unfit  for  use.  So 
help  me  God." 

^Resolved,  That  the  said  engraver  or  engravers,  by  himself  or  themselves* 
his  or  their  servant,  apprentice,  or  any  other  person  by  him  or  them  em- 
ployed, print,  strike,  .stitch,  or  bind  the  said  bills,  or  any  of  them,  but  in 
the  presence  of  one  or  more  of  the  said  commissioners;  and  in  every  in- 
termission  of  the  work,  the  said  commissioners  shall  safely  and  securely 
lock  up  in  some  room  the  press,  plates  and  stamps,  with  which  the  work 
shall  be  performed,  and  the  impressions  which  shall  be  then  made,  in  which 
the  printing,  stamping  and  striking  shall  be  done,  and  the  keys  of  such 
room  shall  keep  in  their  possession;  and  when  all  the  said,  bills  shall  be 
printed  and  struck,  the  plates  shall  be  delivered  by  the  said  engraver  of 
engravers  to  the  said  commissioners,  and  by  them  to  the  commissioners 
hereafter  to  be  appointed  to  sign  the  said  bills  of  credit. 

Resolved,  That  Col.  William  Haywood,  Mr.  John  Webb,  Mr.  William 
Williams,  and  Mr.  David  Sumner,  be  commissioners  for  the  purpose  of 
signing  the  bills  ol  credit;  that  all  bills  of  one  dollar  and  under  be  signed 
by  at  least  two  of  the  said  commissioners,  and  that  all  the  other  bills  be 
signed  by  four  of  the  said  commissioners,  and  after  signing  them,  shall  de- 
liver the  same  to  the  Treasurers,  or  one  of  them,  taking  his  or  their  re- 
ceipts  for  the  bills  so  delivered;  and  that  they  be  allowed  the  sum  of  12  9b 
per  thousand  bills  signed  by  each  for  such  services.  And  that  the  com- 
missioners appointed  to  superintend  the  striking,  stiching  and  binding  of 
-the  said  bills,  be  allowed  the  sum  of  12  s.  per  thousand  bills  so  superin- 
tended each  for  such  services.  And  if  any  of  the  commissioners  appoint- 
ed as  aforesaid  should  die,  remove  out  of  the  Province,  or  refuse  to  act,  the 
surviving  commissioners,  or  a  /majority  of  them,  shall  appoint  others,  or 
another,  in  the  room  of  him  or  them  so  dying,  removing,  or  refusing;  which 
commissioner  or  commissioners  so  appointed,  shall  enter  into  bond,  and 
such  commissioner  shall  before  his  entering  into  office  take  the  following 
oath,  to  wit: 

"  I  A.  B.  do  swear,  upon  the  Holy  Evangelists  of  Almighty  God,  that 
I  will,  in  consequence  of  the  trust  reposed  in  me  by  the  Provincial  Con- 
gress of  this  Province,  faithfully  execute  the  same;  that  I  will  not  stamp, 
sign  or  emit,  or  knowingly  suffer  to  be  stamped,  signed  or  emitted,  more 
bills  than  such  as  have  been  described  by  the  said  Congress;  and  as  soon  a9 
such  bills  are  emitted,  that  the  plates  used  in  stamping  the  same  shall  be 
•destroyed. " 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

Resolved,  That  Lieutenant  Edward  Vail,  as  soon  as  may  be,  march  the 
troops  under  his  command  to  the  Southward,  in  order  to  join  his  Regiment? 
and  that  his  conduct  stands  justified  by  this  Congress  in  obeying  the  reso- 
lution of  the  committee  of  Edenton,  lately  issued  for  his  detention. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 


Tuesday,   Apkij,  23,    1776. 

The  Congress  met  according  to  adjournment. 

Read  the  petition  of  a  number  of  people  stiling  themselves  members  of 
Christ's  Church,  setting  forth  they  were  for  religious  scruples  bound  by 
conscience  against  taking  up  arms;  praying  to  be  relieved  in  the  premises. 

The  House  taking  the.  same  into  consideration,  rejected  the  said  petition, 
nem.  con. 

Read  the  petition  of  Philip  Alston,  setting  forth  he  had  been  greatly  in- 
jured by  the  Tories,  particularly  by  a  certain  Capt.  Muse;  praying  relief. 

Ordered,  The  said  petition  lie  for  consideration. 

Resolved,  That  Mr.  Matthew  Lock,  Mr.  John  Pfifer  and  Mr.  Joseph 
Williams,  for  the  district  of  Salisbury;  Mr.  James  Jones,  Mr.  James 
Saunders  and  Mr.  Samuel  Smith,  for  the  district  of  Hillsborough;  Mr. 
Benjamin  McCulloch  and  Mr.  William  Johnston,  for  the  district  of  Hali- 
fax; be  appointed  commissioners  to  purchase  thirt}T-six  geldings  and  the 
like  number  of  saddles  and  bridles,  with  accoutrements,  in  each  district; 
dark  coloured  horses,  not  under  four,  nor  above  eight  years  old,  nor  under 
fourteen  hands  high,  sound,  and  strong  made,  and  that  the  said  commis- 
sioners do  not  exceed  the  sum  of  SO  1.  for  each  horse  so  purchased;  that 
they  be  allowed  for  each  horse,  with  the  accoutrements,  the  sum  of  1.5  So.. 
for  purc-hasing  the  same, 

Resolved,  That  Mr.  William  Kennon  be  appointed  Commissary  to  the 
1st  Regiment  in  this  Province,  Robert  Salter  Commissary  to  the  2d  Regi- 
ment, John  Webb  Commissary  to  the  3d  Regiment,  Ransom  Southerland 
Commissary  to  the  4th  Regiment,  Peter  Mallett  Commissary  to  the  5th  re- 
giment, and  Thomas  Hart  Commissary  to  the  6th  Regiment. 
-  Resolved,  That  every  person  who  shall  inlist  himself  as  a  Trooper  in  the 
Oght  Horse,  shall  be  allowed  three  pounds  advance. 

The  committee  for  taking  into  consideration  the  most  practicable  and  ex- 
peditious method  of  supplying  the  Province  with  arms,  ammunition,  war- 
like stores  and  sulphur,  and  also  the  expediency  of  erecting  works  for  the- 
making  of  salt  petre,  gunpowder  and  purifying  sulphur,  laid  the  same  be- 
fore the  House. 

On  motion,  Resolved,  The  House  resolve  itself  into  a  committee  of 
the  whole,  to  take  under  consideration  the  same.  The  House  resolved  it- 
self into  a  committee  of  the  whole  accordingly,  and  chose  John  Campbell,. 
Esq.  Chairman;  and  after  some  time  spent  therein,  came  to  several  resolu- 
tions. Then,  on  motion,  Mr.  President  resumed  the  Chair,  and  Mr.  Chair- 
man reported  that  the  committee  had  come  to  several  resolutions,  but 
not  having  time-  to  reduce  them  to  form,  desired  leave  to  sit  again. 

Resolved,  The  said  committee  have  leave  to  sit  again  to-morrow. 

Ordered,  That  Mr.  Ralph  Gorrel,,  Mr.  Solomon  Perkins,  Mr.  John  Penn, 
and  Mr.  William  Thompson  have  leave  to  absent  themselves  for  a  few  days 
from  the  service  of  the  Congress. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock, 

Wednesday,   April  £4,  1776. 
The  Congress  met  according  to  adjournment. 

Mr.  Rotheas  Latham,  one  of  the  members  for  the  county  of  Hyde,  ap- 
peared, subscribed  the  Test,  and  took  his  seat  accordingly.. 


28 

On  motion,  Resolved,  The  House  resolve  itself  }ntu  a  committee  ot"  the 
whole  House,  for  taking  under  further  consideration  the  report  of  the  com- 
mittee to  consider  the  most  practicable  and  expeditious  method  of  supply- 
ing the  Province  with  arms,  ammunition,  warlike  stores  and  sulphur;  and 
also  the  expediency  of  erecting  works  for  making  salt  petre,  gunpowder 
and  purifying  sulphur,  &c. 

The  House  resolved  itself  into  a  committee  of  the  whole  accordingly, 
John  Campbell,  Esq.  in  the  Chair;  and  after  some  time  spent,  came  to  sun- 
dry resolutions.  On  motion,  Mr.  President  resumed  the  Chair,  and  Mr. 
Chairman  reported  as  follows,  to  wit: 

Your  committee  beg  leave  to  report,  that  it  is  their  opinion  that  Mr, 
Eaton  Haynes,  Mr.  John  Geddy,  Mr,  David  Jeft'ers,  and  Mr.  Henry  Ma- 
son be  employed  to  proceed,  at  the  expense  of  this  Province,   to  Warwick 

and  Petersburg,  in  the  Province  of  Virginia,  and  there  to  consult  with , 

Rubsamer,  and  observe  the  process  by  him  made  use  of  in  manufacturing 
salt  petre,  and  obtain  from,  him  instructions  and  information  how  the  pro- 
cess may  be  most  beneficially  conducted  in  this  Province;  and  after  having 
themselves  made  the  experiment  successfully  in  the  presence  of  the  said 
Rubsamer,  and  having  obtained  a  certificate  from  him  of  that  fact,  to  re- 
turn to  this  Province;  and  that  they  be  impowered  to  promise,  in  behalf  of 
this  Colony,  that  they  will  make  the  said  Rubsamer  a  handsome  gratuity 
for  the  extraordinary  trouble  he  may  take  to  further  the  purposes  of  the  said 
commissioners. 

It  is  further  the  opinion  of  this  committee,  that  buildings  be  erected,  and 
all  the  materials,  implements,  and  utensils,  necessary  for  the  manufactur- 
ing salt  petre,  be  procured,  and  that  a  manufactory  be  established  in  the 
county  of  Halifax,  which  shall  be  under  the  superintendence,  direction 
and  management  of  the  said  commissioners;  and  that  the  said  commission- 
ers shall  have  power  to  draw  upon  the  Treasury  of  this  Province  for  a  sum 
of  money,  not  exceeding  6001.  to  be  applied  to  pay  the  expence  of  provid- 
ing such  works  and  materials  as  shall  be  necessary  for  the  above  purpose, 
and  that  they  employ  under  them  such  labourers  and  assistants  as  may  be 
necessary  to  conduct  the  process  most  expeditiously  and  beneficially;  and 
that  the  said  commissioners  shall  be  allowed  the  sum  of  1  s.  for  every  pound 
of  saltpetre  which  they  shall  make  and  deliver  within  two  years  into  the 
hands  of  the  commissioners  hereafter  appointed  to  receive  the  same,  for  the 
benefit  of  the  public;  and  that  the  said  commissioners  shall  give  bond,  in 
the  sum  of  1200  1.  to  the  President  of  this  Congress  for  the  due  and  faith- 
ful discharge  of  the  trust  reposed  in  them,  and  for  the  due  application  of 
the  said  monies  which  maybe  paid  them  out  of  the  Treasury. 

It  is  further  the  opinion  of  this  committee,  that  a  powder  mill  be  erected 
in  the  county  of  Halifax,  and  that  Wyiie  Jones,  Benjamin  McCulloch  and 
Josiah  Sumner,  Esqrs.  be  appointed  to  erect  the  same,  and  prepare  all  u- 
tensils,  implements  and  materials,  for  the  manufacturing  gunpowder;  and 
that  they  receive  from  the  directors  of  the  salt  petre  manufactory  such 
quantities  of  salt  petre,  from  time  to  time,  as  they  shall  have  made,  pre- 
pared and  refined  for  use,  and  also  shall  use  their  best  endeavors  to  pro- 
cure sulphur  wherever  it  may  be  found,  and  to  purify  such  of  it  as  may  be 
crude  and  unfit  for  present  use.  And  that  the  said  Wylie  Jones,  Benja- 
min McCulloch  and  Josiah  Sumner  be  impowered  to  draw  upon  the  Colony 
Treasurers  for  a  sum  of  money,  not  exceeding  5001.  to  disburse  the  expence 


£9 
of  constructing  such  works,  providing  such  articles  as  shall  bo  necessary  to 
carry  on  the  said  work;  and  that  they  give  bond  for  the  due  application 
of  the  said  monies,  and  the  faithful  discharge  of  the  trust  reposed  in  them, 
and  that  the  said  bond  be  to  the  President  of  this  Congress,  and  his  suc- 
cessors, in  the  penal  sum  of  1000  1.  and  that  the  said  directors  of  the  pow- 
der mill  shall  be  allowed  the  sum  of  1  s.  for  every  pound  of  gunpowder 
manufactured  by  them,  and  delivered  within  two  years  into  the  hands  of 
persons  hereafter  to  be  appointed  by  this  Congress  to  receive  the  same,  for 
the  public  use. 

It  is  further  the  opinion  of  this  committee,  that  a  work  be  established  in 
the  Province  of  North  Carolina  for  the  purpose  of  making  common  salt, 
and  that  Waightstill  Avery,  William  Thompson,  Richard  Blackledge  and 
Robert  Williams  be  commissioners  to  erect  works  necessary  for  that  pur- 
pose, and  to  carry  on  the  process,  and  obtain  all  possible  information  rela- 
tive to  the  same;  and  that  they  be  impowered  to  draw  upon  the  Treasury 
for  a.  sum,  not  exceeding  20001.  to  pay  the  expences  of  erecting  such 
works,  and  providing  all  materials,  implements  and  utensils  proper  to  be 
made  use  of;  and  that  such  works  be  fixed  in  such  part  of  the  $ea  coast 
where  they  will  be  best  secured  from  the  annoyance  of  the  enemy,  and 
tend  to  furnish  the  Colony  with  the  greatest  quantity  of  that  necessary  ar- 
ticle; and  that  the  said  directors  give  bond,  with  sufficient  security,  for  the 
faithful  discharge  of  the  trust  reposed  in  them,  and  the  due  application  of 
all  such  monies  which  may  be  advanced  them;  and  that  over  and  above 
their  reasonable  expences,  be  allowed  the  sum  of  4  d.  (for  the  space  of  two 
years  from  the  last  day  of  August  next)  for  every  bushel  of  salt  manufac- 
tured by  them,  and  delivered  to  such  persons  as  shall  be  directed  to  receive 
the  same,  for  the  public  use;  and  that  the  said  commissioners,  after  fixing 
upon  a  proper  place  on  the  Sea  coast  for  the  manufacturing  of  common  salt, 
do  purchase  the  same  of  the  proprietor  or  proprietors  thereof,  for  and  in 
behalf  of  the  public  of  this  Province,  upon  the  most  reasonable  terms,  and  give 
a  draft  for  the  same  on  either  of  the  Treasurers  of  this  Province,  who  shall  be 
allowed  the  same  in  the  settlement  of  his  accounts  with  the  public;  and  that 
the  conveyance  for  the  same  shall  be  taken  in  the  name  of  the  President 
and  his  successors  of  this  Congress,  for  and  in  behalf  of  the  public  of  this 
Province,  and  that  said  conveyance  shall  be  taken  in  fee  simple. 

It  is  further  the  opinion  of  this  committee,  that  John  Devane,  Richard 
Herring  and  James  White,  in  the  district  of  Wilmington;  John  Cowper, 
James  Coor  and  James  Glasgow,  in  the  district  of  Newborn;  Luke  Sumner, 
William  Hunter  and  Jacob  Hunter,  in  the  district  of  Edenton;  Joseph 
John  Williams,  Christopher  Dudley  and  James  Ransom,  in  the  district  of 
Halifax;  William  Johnston,  Thomas  Burke  and  Ambrose  Ramsey,  in  the 
district  of  Hillsborough;  James  McCoy,  David  Nisbit  and  William  Alex- 
ander, in  the  district  of  Salisbury,  be  impowered  immediately  to  direct  the 
establishing  of  public  manufactories  in  their  respective  districts,  of  good 
and  sufficient  muskets  and  bayonets,  of  the  following  description,  to  wit: 
Each  firelock  to  be  made  of  3-4  of  an  inch  bore,  and  of  a  good  substance 
at  the  breach,  the  barrel  to  be  3  feet  8  inches  in  length,  a  good  lock,  the 
bayonet  to  be  18  inches  in  the  blade,  with  a  steel  ramrod,  the  upper  end 
of  the  upper  loop  to  be  trumpet  mouthed;  and  that  for  that  purpose  they 
collect  from  the  different  parts  of  their  respective  districts  all  gunsmiths, 
and  other  mechanicks,  who  have  been  accustomed  to  make,   or  assist  in 


30 
making  muskets,  or  who  may  in  their  opinion  be  useful  in  carrying  on  such 
manufactory,  and  that  they  be  together  employed  in  the  respective  districts 
manufactory  so  established;  and  that  they  be  furnished,  at  the  expense  of 
this  Colony,  with  tools,  implements  and  utensils,  and  materials  for  carry- 
ing on  the  said  work;  and  that  the  said  commissioners  respectively  shall 
contract  with  the  mechanicks  in  such  manner  as  they  may  think  proper, 
provided  that  for  each  gun  and  bayonet  compleat  the  public  shall  not  pay  a 
sum  exceeding  5  1.  and  that  the  said  commissioners  in  each  district  shall 
have  liberty  to  draw  upon  the  Treasury  for  a  sum  of  money,  not  exceeding 
1000  1.  for  each  district,  to  be  expended  in  erecting  such  manufactories, 
procuring  tools,  implements  and  materials,  and  paying  the  mechanicks  em- 
ployed for  their  respective  services;  and  that  the  said  commissioners  shall 
give  bond  to  the  President  and  his  successors,  with  sufficient  security,  for 
the  faithful  discharge  of  their  trust,  and  that  they  will  justly  account  for  all 
Slims  of  money  which  may  be  intrusted  to  them  for  the  purposes  aforesaid; 
and  that  the  said  commissioners  shall  deliver  to  such  person  or  persons  as 
shall  be  impowered  by  this  Congress  to  receive  the  same,  all  such  muskets 
and  bayonets  as  shall  be  complete  for  use. 

Your  committee  further  report,  that  as  to  the  contents  of  a  letter  from 
Henry  Gifford  to  General  Moore,  referred  to  this  committee,  they  are  of 
opinion  that  Mr.  Thomas  Person,  Mr.  Martin  PnTer  and  Mr.  Ambrose 
Ramsay  be  impowered  and  directed  immediately  to  repair  to  John  Wilcox's 
furnace  and  iron  works  on  Deep  River,  and  to  agree  with  the  said  John 
"Wilcox,  in  behalf  of  this  Province,  on  the  lowest  terms  they  can,  for  the 
hire  of  the  said  furnace  and  iron  works  for  the  space  of  two  years,  or  to 
purchase  and  repair  the  iron  works  in  Guilford  county,  for  casting  pieces 
of  ordnance,  shot,  and  other  warlike  implements,  for  the  use  of  this  Pro- 
vince, of  such  sizes  and  denominations  as  the  commanding  officer  of  the 
troops  shall  from  time  to  time  direct;  and  that  said  commissioners  agree 
with  some  person,  or  persons,  and  direct  the  said  work,  and  collect  from 
the  different  parts  of  the  adjacent  country  persons  skilled  in  putting  the 
said  furnace  in  proper  plight,  and  working  at  the  same,  and  likewise  horses,, 
waggons,  carts,  barrows,  together  with  all  conveniences  for  smelting  of 
metal,  and  wood  cutters,  colliers,  and  all  other  workers  necessary  for  car- 
rying on  the  work  of  the  said  furnace,  and  employ  them  for  the  purpose  a- 
foresaid;  and  that  the  said  commissioners  procure,  at  the  expence  of  this 
Colony,  all  such  provisions,  tools,  furniture  and  materials,  as  shall  be  found 
necessary  for  compleating  the  said  purpose;  and  that  for  discharging  the 
expence  thereof,  the  said  commissioners  be  impowered  to  draw  on  the  Co- 
lony Treasurers,  or  either  of  them,  for  any  sum,  not  exceeding  5000  1.  and 
that  they  give  bond  to  the  President  of  this  Congress,  for  and  in  the  name 
of  this  Province,  in  the  penal  sum  of  10,000'.  for  the  due  application  of, 
and  accounting  for  the  money  they  shall  so  draw  hi-  the  purpose  aforesaid,. 
and  the  faithful  discharge  of  the  trust  reposed  in  them. 

And  as  by  the  above  resolves  several  set  of  commissioners  have  been  ap- 
pointed to  superintend  to  carry  into  execution  the  several  purposes  and 
manufactories  mentioned  therein,  and  as  several  commissioners  therein 
mentioned  may  remove  out  of  the  Province,  die,  or  decline;  it  is  therefore 
Resolved,  That  where  any  of  the  said  commissioners  may  remove  himself 
out  of  this  Province,  die,  or  decline  to  act,  in  every  such  case,  the  survivor 
or  survivors  of  such  set  of  commissioners  where  such  an  incident  may  hap- 


31 
pen,  shall  have  full  power  to  nominate  and  appoint  a  person,  whom  they 
shall  conceive  a  proper  person,  to  lill  up  such  deficiency,  who  shall   enter 
into  bond  as  is  above  directed. 

The  House  taking  the  said  report  into  consideration,  amended  the  same, 
and  concurred  therewith. 

Ordered,  Mr.  Griffith  Rutherford,  Mr.  Thomas  Person  and  Mr.  Allen 
Jones  be  a  committee  to  consider  the  petition  of  a  number  of  persons  in 
Guilford  county,  against  Col.  James  Martin  and  Alexander  Hunter,  and 
make  report  thereon. 

Ordered,  Mr.  James  White,  Mr.  Lawrence  Baker  and  Mr.  Rotheas 
Latham  have  leave  of  absence. 

Resolved,  That  General  Rutherford,  John  Rand,  John  Cowper  and  James 
Saunders  be  a  committee  to  report  the  most  practicable  and  expeditious 
method  of  procuring  and  purifying  sulphur  for  the  use  of  the  powder  mill 
directed  to  be  erected  in  this  Province. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock* 

— •>►©  ©  ©«»— 
Thursday,   April  25,  1776. 

The  Congress  met  according  to  adjournment. 

Ordered,  That  Mr.  Purges*  Mr.  John  Johnston  and  Mr.  Cowper  have 
leave  of  absence  for  a  few  days. 

Resolved,  That  Charles  Robb,  Thomas  Douglass  and  Thomas  Mander, 
lately  taken  at  Occocock  on  board  of  a  Tender,  be  admitted  to  their  parole., 
they  having  signed  a  declaration  for  that  purpose. 

The  committee  appointed  to  examine  and  consider  the  petition  of  a  num- 
ber of  persons  in  Guilford  county,  against  CoL  James  Martin  and  Alexan- 
der Hunter,  reported  as  follows,  viz. 

That  about  the  23d  of  February  Capt.  Alexander  Hunter,  contrary  to 
orders,  openly  deserted  at  the  head  of  his  company  from  the  army  encamp- 
ed at  the  Cross  Roads,  in  Guilford  county,  and  hath  otherways  behaved 
himself  in  a  tyrannical  and  lawless  manner  to  the  men  under  his  command. 
And  as  to'  Col.  James  Martin,  your  committee  report,  that  the  said  Lieut. 
Col.  James  Martin,  contrary  to  law,  hath  issued  his  warrant  to  an  officer 
to  tie  several  of  his  men,  and  to  levy  on  their  estates  the  sum  of  10  1.  and 
costs,  without  hearing  any  excuse,  or  admitting  them  to  a  trial  by  a  Court 
Martial. 

The  House  taking  the  same  into  consideration,  Resolved,  That  the  said 
Capt.  Alexander  Hunter  and  Lieut.  Col.  James  Martin  be  suspended  from 
their  command,  until  their  conduct  can  be  enquired  into  by  a  Court  Mar- 
tialj  and  that  the  goods  or  effects  of  all  persons  levied  on  by  the  above  of- 
ficers be  immediately  restored. 

Ordered,  That  Mr.  Harnett,  Mr.  Thomas  Jones  and  Mr.  William  Skin- 
ner be  a  committee  to  settle  the  salvage  of  such  vessels  as  are  lately  taken, 
which  the  captors  may  be  intitled  to. 

Resolved,  That  Eaton  Haynes,  Esq.  be  appointed  an  agent  for  this  Pro- 
vince to  proceed  to  Philadelphia,  and  to  take  such  measures,  and  give  such 
orders,  as  he  may  think  most  expedient,  to  conduct  the  prisoners  to  the  se- 
veral places  destined  for  them  by  this  Congress  with  the  greatest  safety  and 
expedition  possible;  that  he  supply  the  prisoners  and  guard  with  provisions, 
and  other  articles  which  may  be  necessary  for  them  upon  their  route  $  and 
lt>e  impowered,  in  behalf  of  this  Province,  to  draw  upon  the  Continental 


32 
Treasury  for  such  sums  as  he  shall  necessarily  expend  for  the  above  pur-* 
poses,  and  that  such  draught  be  seasonably  made  known  to  Joseph  Hewes,- 
Esq.  delegate  of  this  Province  in  the  Continental  Congress,  by  letters  of 
advice  to  be  addressed  to  him. 

Ordered,  That  Mr.  Needham  Bryan  have  leave  to  absent  himself  from 
the  service  of  this  Congress. 

On  motion,  Resolved,  That  the  temporary  Civil  Constitution  be  taken 
under  consideration  to-morrow  morning. 

Read  the  petition  of  sundry  pilots,  and  other  inhabitants  of  Occacock, 
praying  a  condemnation  on  the  Tender  called  the  Lilly,  with  her  tackle, 
furniture  and  cargo,  together  with  the  Negroes  belonging  to  her. 

Resolved,  That  a  special  Court  of  Admiralty  be  appointed  to  try  the 
Tender  sloop  the  Lilly  and  cargo,  and  that  for  this  purpose  Richard  Cog- 
dell,  Esq.  be  appointed  Judge  of  the  said  court,  John  Cook,  Esq.  Advo- 
cate, and  Thomas  Sitgreaves,  Esq.  Register  and  Marshal ;  and  that  in 
case  of  condemnation,  the  proceeds  of  the  sales,  after  defraying  the  rea- 
sonable charges  of  condemnation,  be  divided  between  the  captors. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock; 

Friday,  April  26,    1776; 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Mr.  President  be  impowered  to  borrow  monies  on  the 
credit  of  this  Province,  and  that  the  faith  of  this  Province  be  pledged  for 
the  re-payment  thereof,  with  interest  thereon. 

Resolved,  That  the  several  persons  in  this  Province  impowered  to  pur- 
chase provisions  for  the  use  of  the  public,  be  required  to  lay  their  accounts 
before  the  Congress. 

Mr.  Benjamin  Parmalc,  one  of  the  delegates  for  the  county  of  Hyde,  and 
Mr.  Jeduthan  Harper,  one  of  the  members  for  the  county  of  Chatham,  ap- 
peared, subscribed  the  Test,  and  took  their  seats  in  Congress. 

Resolved,  That  each  of  the  commissaries  appointed  in  this  Province,  be- 
fore they  enter  upon  that  office,  enter  into  bond,  with  sufficient  security, 
in  the  sum  of  10^000  1.  to  the  President  of  this  Congress,  for  the  faithful 
discharge  of  such  office. 

Resolved,  That  General  Person,  General  Rutherford*  General  Jones, 
Mr.  Burke,  Mr.  Locke,  Mr.  Coor  and  Mr.  Miles  Harvey  be  a  committee 
to  consider  that  part  of  General  Moore's  letter  with  respect  to  the  requisi- 
tion of  the  militia,  and  report  to  this  House. 

Resolved,  That  2000  wt.  of  gunpowder  be  immediately  dispatched  from 
this  place  to  Brigadier  General  Moore. 

Ordered,  That  Mr.  James  Saunders,  Mr.  Duncan  Lamon,  Mr.  Hancock, 
Mr.  Battle,  Mr.  Southerland,  Mr.  Benbury  and  Mr.  Nisbit  be  added  to  the 
committee  of  Claims,  and  that  nine  or  more  of  them  may  proceed  upon  bu- 
siness. 

Resolved,  That  Col.  William  Williams  send  to  Tarborough  400  wt.  of 
shot  in  his  possession  belonging  to  the  public,  and  that  he  deliver  the  same 
to  Col.  Irwin  of  that  place. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock* 


33 

Saturday,  April  9.7,   1776. 

The  Congress  met  according  to  adjournment. 

Ordered,  That  Capt.  Dickerson  be  added  to  the  commissioners  for  pur- 
chasing light  horse  in  the  district  of  Hillsborough. 

Ordered,  That  Mr.  John  Hollingsworth  have  leave  of  absence  from  this 
Congress. 

Resolved,  That  all  recruits  shall  be  inlisted  for  the  term  of  two  years  and 
six  months  from  the  time  of  such  inlistment,  but  may  be  dismissed  sooner* 
in  case  the  Continental  Congress  shall  judge  it  necessary;  and  if  the  said 
troops  shall  be  discharged  before  the  expiration  of  that  term,  they  shall  be 
paid  one  month's  wages; 

Resolved,  That  Mr.  President  give  the  thanks'  of  this  Congress  to  Briga- 
dier General  Howe,  for  his  manly,  generous  and  warlike  conduct,  in  these 
unhappy  times;  more  especially  for  the  reputation  which  our  Provincial 
troops  acquired  under  him  at  the  conflagration  of  Norfolk. 

Resolved,  That  this  Congress  do  publish  a  Declaration,  testifying  that 
they  have  been  under  a  necessity  to  remove  the  prisoners  who  have  been, 
concerned  in  the  late  insurrection  to  other  Provinces,  from  a  regard  to  the 
public  safety;  and  because  while  such  men  continued  amongst  us,  much. 
was  to  be  apprehended  from  their  personal  and  family  influence  of  those 
persons  disposed  to  exert  it  to  the  prejudice  of  this  country^  and  delude 
those  ignorant,  wicked  and  unwary,  into  measures  that  might  endanger  the 
future  happiness  of  this  Colony.  That  the  unhappy  families  and  connec- 
tions of  those  whom  we  have  in  our  power,  be  assured,  that  every  indul- 
gence which  humanity  and  compassion  can  give,  consistent  with  the  duty 
which  we  owe  to  the  inhabitants  of  these  Colonies^  engaged  in  a  contention 
for  the  rights  of  America  and  of  mankind,  shall  be  extended  to  those  whom 
we  have  in  our  power;  but  that  much  will  depend  upon  the  future  good  be- 
haviour of  those  who  still  remain  in  the  Province,  as  to  the  mode  of  treat- 
ment which  our  prisoners  shall  experience,  and  their  being  suffered  to  re- 
turn to  their  respective  habitations,  families  and  friends,  when  peace  is  re- 
stored to  us;  and  that  this  Declaration  be  translated  into  Erse. 

Resolved,  That  the  committee  of  Secrecy,  War  and  Intelligence  be  im- 
poweredto  remove  all  such  persons  (not  exceeding  the  number  of  40)  With, 
their  families,  as  they  shall  deem  capable  of  influencing  the  late  insurgents 
to  take  arms  against  America,  from  their  present  neighbourhood  into  Such 
places  as  they  shall  judge  most  safe  and  convenient;  and  that  certain  per- 
sons, who  shall  be  hereafter  appointed  in  every  county  whither  such  per- 
sons and  families  shall  be  removed,  be  required  to  take  special  care  that 
such  persons  shall  not  be  suffered  to  want  any  of  the  necessaries  of  life, 
until  it  shall  be  in  their  power  to  procure  the  same  by  their  own  industry 
and  property;  and  all  supplies  which  shall  at  any  time  be  furnished  by  the 
several  persons  so  required,  shall  be  paid  for  by  this  Colony.  Provided* 
that  every  such  person  as  shall  be  so  removed,  shall  be  allowed  his  election 
either  to  take  with  him  his  family  or  not;  and  also  that  all  such  persons 
shall  be  allowed  to  make  such  disposition  as  they  shall  think  proper  of  their 
estates  and  properties. 

Ordered,  That  Thomas  Rutherford  be  permitted  to  take  with  him  his 
horse  and  Negro  man,  and  that  Farquard  Campbell  be  likewise  permitted 
to  take  with  him  his  horse,  and  that  Mr.  McNeill  carry  the  same  to  them* 

Pursuant  to  a  resolution  of  this  House,  the  returning  officer  certified  that 

5 


Col.  Richard  Caswell,  Wv.  Simon  Bright  and  Mr.  George  MnTer  were  du- 
ly elected  delegates  for  the  county  of  Dobbs;  who  appeared,  subscribed 
the  Test,  and  took  their  seats  in  Congress. 

The  order  of  the  day  being  read,  'Resolved,  The  House  resolve  itself  in- 
ttra  committee  of  the  whole  House,  to  take  into  consideration  certain  reso- 
lutions proposed  as  a  foundation  for  a  temporary  civil  Constitution.  The 
House  resolved  itself  into  a  committee  of  the  whole  House  accordingly, 
and  chose  William  Gumming,  Esq.  Chairman;  and  after  some  time  spent 
therein,  Mr.  President  resumed  the  Chair,  and  Mr.  Chairman  reported  the 
several  resolutions.  The  House  taking  the  same  into  consideration,  Or- 
dered, The  same  be  laid  over  till  Monday  next. 

Brigadier  Ashe  lias  leave  of  absence,  and  Mn  Day  Ridley  has  leave  of 
absence  till  Monday. 

Resolved,  That  Christopher  Neale  be  Empowered  to  take  to  his  assistance 
five  sufficient  persons,  to  carry  under  guard  John  Goodrich  and  George 
Blair,  prisoners  now  in  Halifax,  to  Suffolk  in  Virginia* 

Resolved,  That  Mr.  Christopher  Neale  be  allowed  the  sum  of  201.  for 
carrying  under  guard  to  Suffolk  in  Virginia  John  Goodrich  and  George 
Blair,  and  that  the  Treasurers,  or  either  of  them,  pay  h-im  the  same,  and  be 
allowed  in  their  accounts  with  the  public. 

The  committee  appointed  to  take  into  consideration  the  requisition  of 
reinforcement  of  tlic  militia  made  by  Brigadier  General  Moore,  reported 
their  opinion.      Ordered,  The  same  lie  on  the  table. 

The  Congress  adjourned  till  Monday  morning,  nine  (re-lode. 

Monday,   April  29,   1776. 

The  Congress  met  according  to  adjournment. 

Read  the  petition  of  Philip  Alston,  setting  forth  the  loss  of  a  horse-,  mafe 
and  gun,  by  the  Insurgents;  praying  relief.      Ordered,  To  lie  on  the  fables 

Read  the  report  of  the  committee  for  taking  under  consideration  the  petii 
tion  of  the  executors  of  John  Callaway,  deceased.  Ordered,  The  same  lie 
for  consideration. 

Read  the  petition  of  the  committee  of  Guilford  county,  requiring  some 
reward  for  attending  committee,  sitting,  and  disarming  the  Toi'ies,  &c. — < 
Rejected  neffi.  con. 

Resolved,  That  Mr.  Hooper,  Mr.  Thomas  Jones,  Mr.  Samuel  Ashe,  Mr. 
Penn,  Mr.  Einchen,  Mr.  Caswell),  Mr.  Person  and  Mr.  Harnett  be  a  com- 
mittee to  consider  and  report  the  business  necessary  to  be  carried  into  ex- 
ecution this  present  Congress. 

■Resoived,  That  five  independent  companies  be  immediately  raised  in 
this  Province,  to  consist  of  1  Captain,  2  Lieutenants,  1  Ensign^  4  Serjeants* 
4  Corporals,  2  Drummers,  1  Fifer,  and  68  rank  and  file,  and  that  the  said 
Companies  be  stationed  at  the  following  places,  to  wit:  One  company  be- 
tween Currituck  and  Roanoke  Inlet,  one  company  at  Occacock  Inlet,  one 
company  between  Occacock  and  White  Oak  Inlet,  one  company  between 
Bogue  Inlet  and  New  River  Inlet,  and  one  company  between  New  River 
and  Deep  Inlet  inclusive.  And  that  the  officers  and  soldiers  of  said  com- 
panies shall  be  allowed  the  same  pay  and  rations  as  officers  and  soldiers  on 
the  Continental  establishment,  and  subject  only  to  the  controul  of  this  or 
any  future  Congress,  or  to  any  executive  power*  acting  in  the  recess  of  the 
same,  to  remove  or  disband  them. 


35 

Resolved,  That  the  following  persons  be  appointed  Captains,^  Lieuten* 
ants  and  Ensigns,  to  the  independent  companies  directed  to  be  raised,  viz. 
James  Anderson,  Captain,  Benjamin  Bonner,  1  Lieutenant,  James  Wahob, 
2  Lieutenant,  and  John  Brag,  Ensign,  of  the  company  at  Occacock  Inlets 
Dennis  Dauge,  Captain,  John  Jarvis,  J.  Lieut.  Legrand  Whitehall,  2  Lieut, 
and  Butler  Cowall,  Ensign,  of  the  company  between  Currituck  and  Roan- 
oke Inlet.  John  King,  Captain,  Edward  Ward,  1  Lieut.  Peter  McLam- 
my,  2  Lieut,  and  James  Boston,  Ensign,  of  the  company  between  New  Ri- 
ver and  Deep  Inlet.  Enoch  Ward,  Captain,  Reuben  Benthel,  1  Lieut. 
Benjamin  Chainey,  2d  Lieut,  and  Charles  Dennis,  Ensign,  of  the  company 
between  Occacock  and  White  Oak  Inlets.  Silby  Harney,  Captain,  Joseph. 
Walker,  1  Lieut.  Adam  Gaskin,  2  Lieut,  and  James  Williams,  Ensign,  of 
the  company  between  Bogue  Inlet  and  New  River,. 

And  that  the  following  persons  b#  appointed  Commissaries  to  the  said 
companies:  John  Cooper,  Esq.  Commissary  i-o  the  companies  stationed  at 
Occacock  Inlet,  and  between  Occacock  and  White  Oak  Inlet.  Samuel, 
Jarvis,  Esq.  Commissary  to  the  company  between  Currituck  and  Roanoke 
Inlets.  Mr.  Hull  Doty,  Commissary  to  the  company  between  New  River 
and  Deep  Inlet. 

Resolved,  That  the  companies  stationed  on  the  Sea  coast  may  be  farther 
encouraged  to  exert  themselves  in  taking  armed  vessels,  and  others  which 
maybe  taken  by  the  enemies  ships  of  war  and  armed  tenders,  such  as  they 
take  as  prizes,  may  be  adjudged  to.  the  captors,  after  the  charges  of  con-, 
demnatuui;  except  vessels  owned  by  Americans,  and  friends  to  Continen- 
tal associations,  &c.  for  which  the  captors  shall  have  salvage. 

Mr.  Hawkins  has  leave,  of  absence  from  the  Congress.. 

The  order  of  the  day  being  read  for  taking  into  consideration  certain  re- 
solutions proposed  as  a  foundation  for  a  temporary  civil  Constitution,  Or- 
dered, The  same  be  deferred  till  to-morrow  morning. 

Pursuant  to  a  former  resolution,  the  following  Declaration  was  laid  be-. 
fore  this  Congress,  and  approved:- 

DECL  \RATION. 

Impelled  by  a  regard  to  our  own  safety,  and  the  preservation  of  those 
rights  and  privileges  which  God  and  the  Constitution  have  made  unaliena-. 
bly  ours,  and  which  the  power  of  Great  Britain,  with  unremitting  venge- 
ance, injustice  and  cruelty,  is  labouring  to  subvert,  we  have  been  induced 
to  measures  which  it  is  the  object  of  this  Declaration  to  explain  to  those 
who  may  be  interested  in  them,  or  their  consequences. 

To  other  Provinces,  at  a  distance  from  their  own  places  of  residence,, 
without  that  circle  where  their  personal  and  family  influence  may  be  exer- 
ted to  the  prejudice  of  the  Continent,  and  of  this  Province-  in  particular, 
we  have  deemed  it  absolutely  necessary  for  the  public  safety  to  remove  a 
body  of  men,  whose  residence  fortune  had  cast  in  the  very  bowels  of  our 
country,  and  who,  in  common  with  ourselves,  have  shared  the  blessings 
which  a  mild  and  liberal  provincial  system  of  laws,  a  benigned  climate,  an 
increasing  trade,  that  poured  riches  into  the  lap  of  our  honest  industry,  the 
countenance  and  protection  of  their  honest  neighbours  held  forth  to  them 
with  the  most  liberal  hand;  this  misguided  people,  disregarding  the  duty 
-which  they  owe  to  that  country,  under  the  just  and  equal  laws  of  which 
they  have  enjoyed  protection,  procured  ample  means  of  subsistence,  for. 


36 
themselves  and  their  families,  and  possessed  of  a  considerable  property 
amongst  us,  were  equally  bound,  by  every  tie  divine  and  human,  to  defend 
and  maintain  the  cause  of  liberty,  which  in  common  with  ourselves,  all  vir- 
tuous men  on  this  Continent,  at  the  hazard  of  every  thing  dear  to  them,  are 
labouring  at  this  day  to  defend.  Those  men,  confederating  with  our  unna- 
tural enemies,  and  taking  advantage  of  their  residence  amongst  us,  and 
that  confidence  which  such  a  relation  necessarily  created,  have  raised  their 
hands  against  us,  and  endeavored  to  imbrue  them  in  the  best  blood  of  our 
fellow  citizens.  God  in  his  Providence  hath  hitherto  defeated  their  wick- 
ed machinations,  and  after  their  having  experienced  a  shameful  defeat,  hath 
put  into  our  possession  many  of  the  principals  of  them,  who  from  the  wick- 
edness of  their  own  hearts,  and  from  the  seduction  of  others,  meant  to  have 
consigned  this  once  flourishing  colony  to  the  most  abject  slavery  and  op- 
pression. 

Those  people,  though  subdued,  still  retain  principles  inimical  to  us;  and 
are  prompt,  as  soon  as  they  shall  be  favoured  by  their  situation,  or  the  as- 
sistance of  troops,  expected  every  day  to  invade  this  colony,  with  a  proba- 
bility of  succeeding,  to  attempt  to  carry  their  wishes  into  execution,  and 
co-operating  with  a  merciless  administration,  drench  this  Province  in  blood 
and  slaughter. 

These  have  been  our  motives  for  exercising  a  severity,  which  regard  to 
the  common  safety,  and  that  first  principle  of  nature,  self-preservation, 
prompted.  Justice  demanded  it  at  our  hands,  and  in  the  anguish  of  our 
hearts  we  lament  the  sad  necessity  which  the  frailties  of  our  fellow  beings 
have  alloted  to  our  share;  still  we  wish  the  reformation  of  those  who  inthia 
unhappy  contest  are  severed  from  us,  and  from  those  endearing  ties  which 
nature  and  social  connections  have  formed  for  them,  and  who  still  remain 
amongst  us  to  lament  the  folly  and  wickedness  of  those  whom  we  have  re- 
moved from  amongst  them.  To  these  we  administer  this  consolation,  that 
they  may  rest  assured  that  no  wanton  acts  of  cruelty,  no  severity,  shall  be 
exercised  to  the  prisoners;  no.  restraints  shall  be  imposed  upon  them,  but 
what  shall  be  necessary  to  prevent  their  using  their  liberty  to  the  injury  of 
the  friends  of  America, 

We  have  their  security  in  contemplation  not  to  make  them  miserable. 
In  our  power,  their  errors  claim  our  pity,  their  situation  disarms  our  resent- 
ment. We  shall  hail  their  reformation  with  increasing  pleasure,  and  re- 
ceive them  to  us  with  open  arms.  Then  sincere  contrition  and  repentance 
shall  atone  for  their  past  conduct.  Members  of  tho  same  political  body 
with  ourselves,  we  feel  the  convulsion  which  such  a  severance  occasions? 
and  shall  bless  the  day  which  shall  restore  them  to  us  friends  to  liberty,  to, 
the  cause  of  America,  the  cause  of  God  and  mankind. 

We  war  not  with  the  helpless  females  which  they  left  behind  them;  We 
sympathize  in  their  sorrow,  and  wish  to  pour  the  balm  of  pity  into  the 
wounds  which  a  separation  from  husbands,  fathers,  and  the  dearest  rela- 
tions, have  made.  They  are  the  rightful  pensioners  upon  the  charity  and 
bounty  of  those  who  have  aught  to  spare  from  their  own  necessities  to  the 
relief  of  their  indigent  fellow  creatures;  to  such  we  recommend  them. 

May  the  humanity  and  compassion  which  mark  the  cause  we  are 
engaged  in,  influence  them  to  such  a  conduct  as  may  call  forth  our  utmost 
tenderness  to  their  friends  whom  we  have  in  our  power.  Much  depends 
upon  the  future  demeanor  of  the  friends  of  the  insurgents  who  are  left  a- 


37 
mong  us,  as  to  the  treatment  our  prisoners  may  experience.  Let  them  con- 
sider these  as  hostages  for  their  own  good  behaviour;  and  by  their  own  me- 
rits make  kind  offices  to  their  friends  a  tribute  of  duty  as  well  as  humanity 
from  us,  avIio  have  them  in  our  power. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Tuesday,  April  30,   1776. 

The  Congress  met  according  to  adjournment. 

The  committee  appointed  to  settle  the  salvage  of  such  vessels  as  were 
lately  taken,  and  what  the  captors  may  be  entitled  to,  reported  as  follows, 
viz. 

That  it  appears  to  your  committee,  that  a  certain  schooner  called  the 
Polly,  of  which  one  Silas  Henry  is  now  master,  was  bound  on  a  voyage 
from  Edenton,  in  this  Province,  to  the  Island  of  Madeira,  loaded  with  In- 
dian corn,  staves  and  heading,  and  that  the  said  schooner  had  proceeded 
to  the  Swash,  near  Occacock  Island,  on  her  way  to  the  said  Island  of  Ma- 
deira; and  that  on  Sunday  the  14-th  of  this  instant  (April)  about  four  o'- 
clock in  the  afternoon  of  the  same  day,  an  armed  sloop,  called  the  Lilly, 
commanded  by  a  certain  John  Goodrich,  a  tender  fitted  outhy  Lord  Dun- 
more  for  the  purpose  of  taking  all  the  vessels  at  Occacock  Bar;  that  the 
said  John  Goodrich  hailed  the  schooner  Polly,  and  ordered  the  master  to 
come  on  board  the  said  tender,  and  bring  his  papers;  that  Silas  Henry,  the 
master,  and  James  Buchanan,  one  half  owner  of  the  schooner  Polly  and 
her  cargo,  went  on  board  the  tender  Lilly,  and  delivered  the  papers  to 
Capt.  John  Goodrich,  who  received  and  examined  the  same,  and  who  told 
Mr.  James  Buchanan  that  the  schooner  was  a  prize,  and  kept  the  papers; 
and  that  Lieutenant  John  Wright,  master  of  tiie  armed  sloop  Fincastle, 
Came  over  Occacock  bar  the  evening  of  the  said  14th  day  of  this  instant 
(April)  and  about  8  o'clock  the  same  evening  a  boat  with  armed  men  sent 
from  the  Fincastle  boarded  the  schooner  Polly,  and  plundered  the  said 
schooner  of  all  the  live  stock,  disarmed  the  men,  and  left  a  prize  master  and 
four  armed  men  on  board  the  schooner  Polly,  who  remained  there  for  the 
term  of  58.  or  59  hours;  and  that  on  the  17th  of  this  instant  (April)  a  num- 
ber of  armed  men,  in  5  whale  boats,  boarded  the  tender  commanded  by 
John  Goodrich,  took  her,  and  retook  the  schooner  Polly,  and  carried  the 
tender  and  schooner  up  to  Newbern,  Your  committee  therefore  humbly 
submit  to  the  consideration  of  the  Congress  the  following  as  their  opinion: 
That  the  captors  are  intitled,  by  a  resolve  of  the  Continental  Congress  of 
the  25th  of  November  last,  to  one  third  part  of  the  schooner  Polly  and  her 
cargo,  in  lieu  of  salvage;  and  that  the  said  vessel  and  cargo,  consisting  of 
Indian  corn,  staves  and  heading,  should  be  sold  at  public  auction,  first  giv- 
ing thirty  days  public  notice;  and  that  after  the  sale  thereof,  and  all  ne- 
cessary charges  deducted,  the  distribution  thereof  shall  be  made  as  follow- 
eth,  viz.  One  third  part  to  the  captors,  and  the  other  two  thirds  to  Mess. 
James  Buchanan  and  Archibald  Campbell,  who  appear  to  your  committee 
to  have  owned  the  said  schooner  Polly  and  her  cargo. 

The  House  taking  the  said  report  into  consideration,  concurred  there-* 
with. 

Resolved,  That  Thomas  Sitgreaves  be  appointed  to  sell  at  public  auction, 
for  ready  money,  the  schooner  Polly  and  her  cargo,  first  giving  30  days 


S8 
notice  in  the  Carolina  Gazette;  and  that  distribution  of  the  money  arising 
from  the  sale  thereof  (after  deducting  all  necessary  charges)  be  made  in  the 
following  manner,  viz.  One  third  part  thereof  to  the  captors,  in  lieu  of 
salvage,*  and  the  other  two  thirds  to  Mess,  James  Buchanan  and  Archibald 
Campbell,  who  appear  to  have  owned  the  said  schooner  Polly  and  her 
cargo. 

Resolved,  That  Joseph  Hughs,  late  of  Rowan  county,  have  a  safe  con- 
duct to  come  and  reside  in  the  county  of  Mecklenburg,  with  such  of  his 
family  and  property  as  he  shall  think  proper  to  remove,  he  giving  security 
to  behave  himself  well,  and  not  to  give  assistance  or  council,  directly  or 
indirectly,  to  the  enemies  of  America. 

Resolved,  That  Mr.  George  Miller,  Mr.  Currie  and  Mr.  Campbell,  be  a 
committtee  to  examine  the  property  of  John  Hamilton  and  Co.  in  a  vessel 
called  the  William,  and  her  cargo,  ordered  to  be  seized  at  Newbern,  and 
make  report  thereon. 

Ordered,  That  Mr.  Samuel  Ashe  and  Mr.  Caswell  be  added  to.  the  com- 
mittee to  report  the  most  practicable  and  expeditious  method  of  procuring 
and  purifying  sulphur  for  the  use  of  the  powder  mill  directed  to  be  erect- 
ed in  this  Province,  and  also  the  method  of  supplying  the  same  with  lead, 
and  the  mode  of  purifying  the  same. 

The  committee  for  taking  under  consideration  such  petitions  as  may  be 
exhibited  by  persons  who  shall  appear  objects  of  charity,  reported  that 
they  had  taken  in  consideration  the  petition  of  Robert  Willis,  viz. 

It  appears  to  your  committee  that  the  said  Robert  Willis  is  a  Serjeant  in 
Capt.  Armstrong's  company  of  the  Continental  Army  in  this  Province;  that 
in  the  late  expedition  to  Ninety  Six,  in  South  Carolina,  he  took  cold  by  the. 
inclemency  of  the  season,  whereby  ho  hath  been  reduced  to  a  very  weak 
and  languishing  state  of  health,  and  that  the  said  Robert  Willis  is  very 
poor  and  indigent.  Your  committee  therefore  recommend  him  as  an  object 
of  public  charity,  and  are  of  opinion  that,  during  his  present  infirmity,  he 
ought  to  be  allowed  from  this  Province  for  his  support  at  the  rate  of  20  1. 
a  year,  to  be  paid  quarterly,  in  lieu  of  his  pay. 

And  as  to  the  case  of  one  William  Wommock,  referred  to  this  commit- 
tee, it  appears  to  your  committee  that  the  said  Wililatp  Wommock  was  a 
Sergeant  in  the  Orange  militia  in  the  late  expedition  against  the  Tories; 
that  on  his  march  he  was  unfortunately  shot  with  a  bullet  through  one  of  his 
feet,  and  thereby  rendered  unfit  for  that  service;  that  it  does  not  appear 
to  your  committee  that  he  is  at  present  in  a  state  of  poverty  and  want,  nor 
does  it  appear  to  your  committee  whether  his  wound  be  likely  to  be  cured 
or  not,  or  what  expences  have  been  incurred  to  effect  his  cure.  Your  com- 
mittee therefore  recommend  that  proper  persons  be  appointed  to  inspect 
the  said  William  Wommock,  and  to  make  report  to  the  Congress. 
The  House  considering  the  same,  concurred  therewith. 
Ordered,  That  Mr.  Simpson  and  Mr.  James  Saunders  be  appointed  to 
examine  into  the  circumstances  of  the  said  William  Wommock,  and  report 
to  the  next  Congress  accordingly. 

Ordered,  That  Mr.  Hooper,  Mr.  Burke  and  Mr.  Dickson,  have  leave  of 
absence;  and  that  Mr.  Harnett  has  leave  of  absence  the  day  after  to-mor- 
row. 

Resolved,  That  Mr.  Burke,  Mr.  Samuel  Ashe,  Mr.  Caswell,  Mr.  Hoop- 
er, Mr.  Penn,  Mr.  Nash,  Mr.  Kinchen,  Mr.  Thomas  Jones  and  Mr.  Coor, 


39 
be  a  committee  to  form  a  temporary  form  of  government  until  the  end  of 
the  next  Congress. 

Resolved,  That  Capt.  Dennison  be  allowed  10  1.  as  a  gratuity 

for  his  care,  vigilance,  and  the  hazard  he  run,  in  performing  a  voyage  from 
Newbern  to  the  French  West  Indies,  and  back  again*  to  procure  ammuni- 
tion fortius  Province?  that  the  Treasurers-,  or  either  of  them,  pay  him  the 
same,  and  be  allowed  in  their  accounts. 

The  committee  to  form  an  estimate  of  the  expence  for  supporting  the 
troops  to  be  raised  for  one  year,  reported  that  the  expence  of  one  regiment 
for  12  months  would  amount  to  50,000  1. 

The  committee  for  re-considering  the  petition  of  William  Alston,  in  be- 
half of  Solomon  Alston's  widow,  reported  to  this  House. 

The  House  taking  the  same  into  consideration^  Resolved,  That  John  Hen- 
derson^ who  intermarried  with  the  said  Solomon  Alston's  widow,  enter  in- 
to bond,  with  sufficient  security,  to  the  President  of  this  Congress  (in  be- 
half of  said  orphans)  that  he  will  not  remove  any  part  of  the  estate  out  of 
the  Province,   and  faithfully  account  for  the  same. 

The  Congress  adjourned  till  to-morrow  mornings  nine  o'clock; 

Wednesday,   May  1,  1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  a  resolution  of  this  Congress  of  the  22d  of  April,  for" 
appointing  six  Brigadier  Generals  in  the  several  districts  of  this  Province, 
be  rescinded. 

Resolved,  That  Brigadier   General  Howe  be  allowed  the  sum  of  300  I; 
for   his  extraordinary  expence  while  in  the   Colony  of  Virginia;  that  thcj 
Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed  in   their - 
accounts  with  the  public. 

Ordered,  That  Duncan  McNeill  be  discharged  from  further  attendance 
on  this  Congress,  he  first  entering  into  bond,  with  security,  in  the  sum  of 
5001.  for  his  appearance  at  a  future  Congress,   and  good  behaviour. 

Resolved,  That  Mr.  John  Henderson  pay  to  Mr.  James  Jones  51.  15  s* 
for  his  expences  in  citing  the  said  Henderson  to  appear  at  Congress  on  the 
petition  of  William  Alston. 

On  motion,  Resolved,  That  Allen  Jones,  Esq.  be  appointed  Vice-Presi- 
dent of  this  Congress. 

Resolved,  That  Mr.  William  Fenner  be  appointed  a  Captain  in  the  se- 
cond Regiment  of  the  Continental  troops  raised  in  this  Province.  Ordered^ 
That  a  certificate  issue  accordingly. 

Mr.  John  Taylor  has  leave  of  absence. 

Resolved,  That  the  further  allowance  of  666  dollars,  and  two  third  parta 
of  a  dollar,  be  paid  to  each  of  the  Delegates  who  were  appointed  in  Sep- 
tember last  to  attend  the  Continental  Congress  in  behalf  of  this  Province, 
for  one  year;  and  that  the  Treasurers,  or  either  of  them,  draw  on  the  Con- 
tinental Treasury  for  the  same,  and  be  allowed  in  their  accounts  with  the 
public. 

Resolvedi  That  William  Hooper,  Joseph  Hewes  and  John  Penn,  Esqrs. 
be,  and  are  hereby  appointed  Delegates,  in  behalf  of  this  Province,  from 
the  determination  of  the  present  year  to  the  end  of  the  next  Congress  which 
shall  be  held  in  this  Province,  to  attend  the  general  Congress  at  Philadel- 
phia, or  such  other  place  as  maybe  appointed.:  and  they  are  hereby  invest- 


40 
fed  with  such  powers  as  may  make  any  acts  done  by  them,  or  any  of  them$ 
or  consent  giveiij  in  behalf  of  this  Province  (not  inconsistent  with  such  in- 
structions as  may  be  given  by  this  Congress)  obligatory  upon  every  inha- 
bitant thereof;  and  that  they  be  allowed  at  the  rate  of  2000  dollars  each 
for  performing  such  services,  to  be  paid  by  the  Public  Treasurers,  or  either 
of  them,,  who  are  impowered  to  draw  on  the  Continental  Treasury  for  the 
same,  and  shall  be  allowed  in  their  accounts  with  the  public. 

Mr.  Sherrod  and  Mr.  Saunders  have  leave  of  absence. 

Resolved,  That  the  vestrymen  legally  elected  in  each  and  every  parish 
in  this  Province  on  Easter  Monday  last,  upon  repeating  and  subscribing 
the  Test  recommended  by  the  last  Provincial  Congress,  shall  be,  and  are 
hereby  declared  legal  vestries,  and  may  proceed  to  parochial  business  ac- 
cordingly; and  where  no  vestries  were  then  elected,  the  freeholders  in  such 
parishes  shall  meet  at  the  place  by  law  appointed  for  the  election  of  ves- 
tries on  the  first  Monday  in  July  next,  and  then  and  there  choose  and  elect 
a  vestry,  agreeable  to  the  directions  of  the  act  of  Assembly  for  appointing 
vestries,  and  the  poll  shall  be  taken  by  the  clerk  of  the  county  committee, 
and  return  made  in  the  same  manner  as  the  sheriff,  impowered  and  direct- 
ed by  the  said  act;  which  vestrymen  so  elected  shall  qualify  themselves, 
by  repeating  and  subscribing  the  aforesaid  Test,  and  shall  thereafter  be 
deemed  and  taken  to  be  the  legal  vestry  of  their  respective  parishes,  and 
invested  with  the  same  powers  and  authorities,  as  if  elected  and  qualified 
agreeable  to  the  aforesaid  act.  Provided,  that  where  any  vestryman  alrea- 
dy elected  for  the  present  year  has  taken  the  oaths,  or  subscribed  any  Tests 
or  Declarations  heretofore  appointed^  the  election  of  a  vestry  in  such 
parish  shall  be*  and  is  hereby  declared  void,  and  a  new  election  shall  be 
made  under  the  regulations  aforesaid.  And  provided  also,  that  no  vestry 
shall  continue  longer  than  until  next  Easter  Monday  under  any  election 
made  on  last  Easter  Monday,  or  by  virtue  of  this  resolve;  any  thing  here* 
in  contained  to  the  contrary  notwithstanding. 

Resolved,  That  commissioners  be  appointed  in  the  counties  of  Guilford  $ 
Cumberland,  Anson,  Orange,  Bladen  and  Chatham,  to  take  inventories  of 
the  estates  of  the  prisoners  lately  sent  out  of  this  Province,  and  of  those 
who  are  out  upon  parole  and  bail,  and  to  take  all  the  care  in  their  power  to 
prevent  waste  and  embezzlement,  and  to  make  return  thereof  to  next  Con- 
gress; but  at  the  same  time  to  pay  particular  attention  to  the  unhappy  wo- 
men and  children,  to  see  that  they  do  not  want  the  common  necessaries  of 
life,  and  that  all  their  estates  shall  remain  where  they  now  are,  except 
arms  and  ammunition,  under  the  protection  of  this  Congress,  until  some 
future  order;  and  that  the  said  commissioners  shall,  by  every  means  in  their 
power,  endeavour  to  get  into  their  possession  such  effects  as  have  been  ta- 
ken from  the  said  prisoners,  persons  on  parole,  and  out  on  bail,  and  to  be 
restored  to  the  respective  habitations  from  whence  such  effects  were  taken, 
and  return  inventories  thereof  to  next  Congress;  and  that  the  following 
persons  be  commissioners,  viz.  Mr.  William  Bell,  Richardson  Owen  and 
Francis  Harper,  for  Guilford  county,  Mr.  Thomas  Wade,  John  Cole  and 
William  Mask,  for  Anson  county,  Mr.  Peter  Mallett,  William  Rand  and 
Robert  Cobb,  for  Cumberland  county,  Mr.  John  Butler  and  Mr.  William 
Tate,  for  Orange  county-,  Mr.  James  Council  and  Mr.  Nathaniel  Rich-1 
ardson,  for  Bladen  county,-  Mr.  Jeduthan  Harper,  Mial  Scurlock  and  John 
Thompson,  for  Chatham  county. 


41 

Received,  That  the  commissioners  for  the  county  of  Cumberland  dispose 
of  the  estate  of  Archibald  Mc Arthur,  deceased,  late  insurgent  of  said 
county,  for  six  months  credit,  the  purchasers  giving  bond  with  approved  se- 
curity for  the  same;  and  that  they  make  report  to  the  next  Congress. 

Resolved,  That  Mr.  James  Coor,  Mr.  William  Alston,  Mr.  Hunt,  Mr. 
Lock,  Mr.  Webb,  Mr.  Pfifer,  Mr.  Rutherford,  Mr.  John  Campbell,  Mr. 
Bradford,  Mr.  Caswell,  Mr.  Benbury  and  Mr.  G.  Hill,  be  a  committee  to 
regulate  the  militia. 

Resolved,  That  Mr.  Hunt,  Mr.  Lock  and  Mr.  Person  be  a  committee 
to  take  an  inventory  of  the  effects  of  the  Tories  in  the  possession  of  Colonel 
Long. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock; 

— .•*»©©©<**—• 
Thursday,  May  2,  1776. 
The  Congress  met  according  to  adjournment. 

Mr.  John  Simpson,  one  of  the  Delegates  for  the  county  of  Pitt,  and  Mr. 
Thomas  Hunter,  one  of  the  Delegates  for  Chowan  county,  appeared,  sub- 
scribed the  Testj  and  took  their  seats  in  Congress. 
Mr.  Nathan  Bod  die  has  leave  of  absence. 

Resolved,  That  provisions  and  ammunition  be  immediately  sent  from  this 
place  to  General  Moore  at  Wilmington,  and  that  Col.  Long  and  Mr.  Ben- 
jamin McCulloch  be  appointed  to  carry  this  order  into  execution. 

Resolved,  That  the  commanding  officers  of  the  several  battalions  issue 
immediate  orders  to  their  several  recruiting  officers  to  march  their  recruits 
as  fast  as  they  shall  inlist^  and  be  properly  armed,  to  join  General  Moore 
at  Head  Quarters^  and  that  they  march  under  the  command  of  such  officer 
of  the  company  as  can  be  best  spared;  and  that  the  officers  and  soldiers 
belonging  to  the  2d  battalion,  who  may  be  absent  on  furlow,  do  immediate- 
ly join  their  battalion,  and  march  to  join  General  Moore  at  Wilmington. 

Resolved,  That  ten  pieces  of  the  double  fortified  six  pounders  now  lying 
at  Newbern,  belonging  to  the  Province  Of  South  Carolina,  and  also  any 
field  pieces  which  may  be  there,  be  immediately  sent  off  to  General  Moore's 
Head  Quarters  on  Cape  Fear  river;  and  that  Col.  Long  and  Mr.  Benjamin 
McCulloch  be  appointed  to  see  the  same  done. 

Resolved,  That  John  Webb,  Esq.  be  added  to  the  commissioners  for  pro- 
curing arms  in  Halifax  county,  and  that  he  immediately  purchase  all  such 
as  may  be  serviceable  to  the  army  that  maybe  for  sale;  and  that  Col.  Long 
collect  all  the  arms  which  may  have  been  taken  from  the  Regulators  and 
Tories,  and  hold  them  ready  to  be  delivered  to  new  recruits,  as  the  offi- 
cers may  apply  for  them. 

Resolved,  That  the  Chairman  of  the  Committee  of  Newbern  cause  the 
ten  pieces  of  cannon  ordered  to  be  sent  to  Wilmington,  to  be  delivered  to 
the  order  of  Col.  Long  &  Mr.  Benjamin  McCulloch,  and  also  any  field  pieces 
which  may  be  there;  and  that  the  Chairman  receive  from  Col.  Long,  or  his 
order,  such  provisions  as  he  may  have  occasion  to  leave  at  Newbern,  till 
further  orders. 

Ordered,  That  Robert  Goodloe,  Joseph  Shearing  and  Benjamin  Seawell 
be  added  to  the  commissioners  appointed  to  receive,  procure,  and  purchase 
fire  arms. 

Resolved,  That  the  arms,  camp  kettles,  and  camp  equipage,  purchased 
by  Mr.    Charles  Jacocks  for  this  Province,  be  immediatefy  delivered  to 

6 


42 
Lieutenant  Jacob  Pollock,  of  Col.  Thomas  Polk's  Regiment,   as  the  new 
raised  recruits  are  under  marching  orders  to  join  General  Moore  at  Cape 
Fear,  Mr.  Jacocks  taking  Lieutenant  Pollock's  receipt  for  the  same. 

Mr.  Charles  McLean  and  Mr.  James  Johnston,  two  of  the  members  from 
Try  on  county,  appeared  and  took  their  seats. 

Mr,  Thomas  liespiss  has  leave  of  absence. 

Pursuant  to  a  resolve  of  this  Congress,  Mr*  President  returned  Briga* 
dicr  General  Howe  the  following  thanks: 

•Brigadier  General  Howe- 
Sir, 

I  am  commanded  by  the  Congress  to  return  you  their  thanks  for 
your  manly,  generous  and  warlike  conduct  in  these  unhappy  times,  more 
especially  for  the  reputation  our  troops  acquired  under  your  command* 

I  now,  with  infinite  pleasure  to  myself,  in  compliance  with  that  com- 
mand, return  you  the  thanks  of  this  House,  for  the  important  services  ren- 
dered by  you  to  the  common  cause;  and  in  particular  for  your  manly  and 
officer-like  exertions  during  the  whole  of  the  late  dangerous,  important,  and 
critical  campaign. 

To  ichich  the  General  returned  thefolloivingansiver,  viz. 

Mr.  President, 

As  I  have  no  wish  so  ardent,  no  ambition  so  strong,  as  that  of  serv-» 
ing  the  noble  cause  to  which  I  have  devoted  myself,  how  happy  must  it  make 
jnej  when  to  the  pleasing  consciousness  of  having  endeavored  to  do  my  du* 
ty,  you  so  politely  add  the  approbation  of  my  country.  It  is  an  heart  felt 
and  honourable  testimony  that  my  efforts  have  not  been  wholly  unsuccess- 
ful, and  my  felicity  upon  this  occasion  can  only  be  increased  by  consider* 
ing  that  I  have  this  public  opportunity  of  expressing  the  obligations  I  feel 
to  be  due  to  those  officers  and  men  of  every  corps  under  my  command* 
whose  ready  acceptance,  and  spirited  execution  of  the  orders  issued,  have 
obtained  me  the  distinguishing  honors  of  this  day.  Permit  me,  Sir,  through 
you,  to  assure  the  honoi-able  Convention,  that  I  have  the  most  grateful  sense" 
of  their  favour,  and  that  I  conceive  the  best  return  I  can  make,  is  with 
Zealand  activity  to  pursue  the  dictates  of  my  duty;  in  which  resolution  I 
cannot  but  persevere,  as  the  good  of  my  country  is  the  end  I  aim  at,  and 
its  applause  the  consequence  and  reward  of  promoting  it.  Accept,  Sir, 
ir.y  thanks  for  the  manner  in  which  you  have  so  obligingly  conveyed  to  me 
the  sense  of  your  honorable  House. 

Ordered^  That  James  Burnside,  now  on  parole  at  Halifax,  be  discharged 
from  the  same. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Friday,  May  3,    1776. 

The  Congress  met  according  to  adjournment. 

Ordered^  That  the  parole  of  Robert  Acheson,  Midshipman  of  the  Syren, 
now  within  the  limits  of  the  town  of  Halifax^  be  extended  five  miles  with*- 
out  the  limits  of  the  same* 


43 

Resolved,  That  Thomas  Alderson  be  appointed  Ensign  in  Captain  Simon 
Alderson's  company  of  the  regulars  in  this  Province,  in  the  room  of  James 
McKinnie. 

Resolved,  That  Christopher  Lacky  be  appointed  second  Lieutenant  in 
Capt.  John  Enloe's  Company  of  the  5th  Regiment  in  this  Province,  in  the 
room  of  who  refuses  to  act. 

Resolved,  That  the  members  of  this  and  all  future  Congresses  shall  be 
allowed  10  s.  per  day  for  their  attendance  on  the  same,  and  their  ferriages 
and  travelling  to,  and  returning  home  from  said  Congresses. 

Resolved,  That  100  1.  be  granted  towards  finishing  the  Fort  at  Hanging 
Point  on  Neuse  river,  and  that  the  said  Fort  be  garrisoned  by  a  Captain 
and  24  men. 

Resolved,  That  John  Daly  be  appointed  Captain  and  commander  of  the 
said  Fort. 

Resolved,  That  the  said  John  Daly  be  appointed  Commissary  to  the  troops 
to  be  garrisoned  at  Hanging  Point. 

Resolved,  That  the  three  Southern  Independent  Companies  ordered  to 
be  raised  in  this  Province,  shall  consist  of  no  more  privates  than  60. 

Resolved,  That  Micajah  Little  be  appointed  second  Lieutenant  in  Capt. 
William  Brinkly's  Company  of  the  3d  Regiment,  in  the  room  of  Christo- 
pher Lakey,  removed  to  Capt.  Enloe's  Company  in  the  5th  Regiment. 

Resolved,  That  Col.  Long  be  requested  to  receive  bis  Excellency  Gene- 
ral Lee  at  the  line  of  this  Colony,  with  a  proper  detachment  of  troops,  and 
escort  him  to  Halifax. 

Resolved,  That  the  proceedings  of  the  Provincial  Council  be  taken  un- 
der consideration  to-morrow. 

Mr.  Hancock  and  Mr.  Hogun  have  leave  of  absence. 

Resolved,  That  the  commissioners  for  purchasing  guns  in  the  counties  of 
Orange  and  Granville,  be  impowered  to  pin-chase  drums  and  fifes  for  the 
Regiments  ordered  to  be  raised. 

Resolved,  That  1500  privates  of  the  militia,  under  proper  officers,  be 
immediately  drafted  from  the  districts  of  Edenton,  Newbern,  Halifax  and 
Wilmington,  in  the  following  manner,  and  march  as  quick  as  possible  to 
Wilmington,  on  Cape  Fear,  for  the  protection  of  this  Province,  to  wit: 

Wilmington  District  incorporated  into  six  Companies:  From  New  Han- 
over 63,  Onslow  63,  Duplin  63,  Brunswick  60,  Bladen  63,  Cumber- 
land 63. 

Newbern  District  into  seven  Companies:  From  Dobbs  1 13,  Craven  122,. 
Johnston  50,  Pitt  50,  Beaufort  25,  and  Hyde  25,  in  one  Company. 

Edenton  District  into  seven  Companies:  From  Bertie  50,  Martin  50,. 
Tyrrell  50,  Hertford  50,  Chowan  50,  Perquimons  50,  Pasquotank  75. 

Halifax  District  into  seven  Companies:  From  Halifax  100,  Edgecomb 
100,  Bute  100,  Northampton  75. 

Resolved,  That  the  said  militia  shall  be  divided  into  two  battalions,  and 
that  Thomas  Brown,  Colonel,  James  Armstrong,  Lieutenant  Col.  and 
James  Moore,  of  Duplin,  Major,  be  appointed  to  command  that  part  of 
the  militia  to  be  drafted  from  the  District  of  Newbern  and  Wilmington? 
and  that  Philemon  Hawkins,  jun.  Colonel,  Peter  Dauge,  Lieut.  Col.  and 
Dury  Gee,  Major,  be  appointed  to  command  that  part  of  the  militia  to  be 
drafted  from  the  District  of  Edenton  and  Halifax. 

Whereas  it  appears  from  a  paper  signed  by  Abraham  Childers,  Cornet  in 


44 
the  first  troop  of  Light  Horse  commanded  by  Capt.  Bickerson,  that  he  had 
taken  seven  new  rifle  guns,  with  their  moulds  and  wipers,  from  Arthur 
Moore,  of  the  county  of  Orange,  for  the  use  of  the  Continental  army;  Re- 
solved, That  the  said  Abraham  Childers  has  acted  without  authority,  and 
with  violence,  evil  in  its  example,  and  dangerous  to  the  security  of  private. 
property;  wherefore  it  is  Ordered,  That  the  said  Capt.  Bickerson  be  re- 
quired to  bring  the  said  Abraham  Childers  before  this  House  forthwith,  to 
answer  for  the  said  misbehaviour,  and  that  the  said  Capt.  Bickerson  cause 
the  said  guns  to  be  restored  to  the  said  Arthur  Moore. 

Resolved,  That  the  vacancies  in  the  second  Regiment  of  Continental 
troops  raised  in  this  Province  be  filled  up,  and  the  following  persons  appoint- 
ed, viz. 

James  Gee,  Captain,  in  the  room  of  Capt.  Irwin  Toole,  who  has  resign- 
ed, and  that  he  rank  as  5th  Captain.  John  Heritage,  Captain,  in  the  room 
of  Capt.  Simon  Bright,  resigned,  and  that  he  rank  as  6th  Captain.  Philip 
Lowe,  first  Lieutenant  of  Capt.  John  Heritage's  Compaivy.  Joseph  Worth* 
Robert  Fenner,  Thomas  Standings,  James  Martin,  Clement  Nash,  John 
Ingles,  second  Lieutenants.  John  Craddock,  Manlove  Tarrant,  Samuel 
Smith,  and  William  Tocksey,  Ensigns.  John  Ingles  appointed  Adjutant 
to  the  second  Regiment. 

Prisoners,  and  Places  of  Destination. 

Peter  Hay,  bail  500  1.  Robert  Gillis,  do.  500  1.  William  Gibbs,  en- 
larged, and  to  give  security  to  the  committee  of  Onslow  county  in  the  sum 
of  5001.  Conner  Bowd,  bail  1000  1.  William  Bourke,  parole  to  North- 
ampton, Barcy  Fowler  to  Buplin,  Alexander  McLean  to  Granville, 
Frazier  to  Halifax,  Thomas  Collins  to  Halifax,  William  Draper  to  Bertie, 
William  Clarke  to  Nixonton,  John  Boak  to  Orange,  with  leave  of  one 
month  to  remove  his  effects  from  Cumberland.  Duncan  McNiell,  bail. 
Angus  Campbell,  parole  in  Guilford,  under  the  care  of  the  Rev.  James 
Campbell,  with  leave  of  14  days  to  remove  his  effects.  Alexander  Stew- 
art, parole  to  Granville.  James  Lowe  and  Robert  Adams,  who  shot  Capt. 
Bent,  to  Halifax  gaol.  George  Micklejohn,  parole  in  Perquimons,  in  that 
part  of  said  county  on  the  south  side  of  the  river,  with  leave  of  14  days  to 
prepare  himself.  James  Hunter,  parole  in  Bute.  George  Mylne,  bail 
2000  1. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

— «»»e©©««— 

Saturday,  May  4,   1776. 

The  Congress  met  according  to  adjournment. 

Ordered,  That  Col.  Long  deliver  to  Mr.  Henry  Giifard  a  certain  horse 
belonging  to  him,  which  Cudrick  McDonald  rode  to  Halifax,  with  a  saddle 
and  bridle. 

Ordered,  That  Mr.  Samuel  Ashe,  Mr.  Parmele,  Mr.  Surges,  Mr.  Gee,. 
Mr-  Penn,  and  Mn  Hooper,  be  added  to  the  committee  of  Enquiry. 

Ordered,  That  Robert  Adams,  a  prisoner  now  in  Halifax  gaol,  be  enlarg- 
ed, on  his  giving  security,  in  the  sum  of  50 1.  for  his  good  behaviour. 

Mr.  Solomon  Sheppard  has  leave  of  absence. 

Ordered,  That  Alexander  McLean  have  leave  to  take  his  horse,  bridle, 
and  saddle,  now  in  the  possession  of  Col.  Long. 

The  committee  appointed  to  take  under  consideration  the  better  regula- 
tion of  the  militia  of  this  Province,  reported  as  follows: 


45 

Having  weighed  and  duly  considered  the  critical  am'  dangerous  situa* 
tion  we  are  in,  and  that  open  hostilities  are  commenced  against  us  at  one 
and  the  same  time  by  our  implacable  enemies,  and  their  adherents,  at  eve- 
ry place  assailable,  are  of  opinion,  that  for  the  better  and  more  effectual 
defence  and  protection  of  the  Colony,  the  militia  thereof  shall  be  divided 
into  six  brigades,  viz.  one  in  each  district,  each  brigade  to  be  under  the 
command  of  a  Brigadier  General. 

That  the  militia  of  every  county  shall  consist  of  all  the  effective  men  from 
16  to  60  years  of  age,  and  shall  be  formed  into  one  regiment,  under  the 
command  of  a  Colonel,  Lieutenant  Colonel,  and  two  Majors,  except  where 
the  Congress  have  or  may  appoint  two  or  more  regiments  in  a  county,  in, 
which  case  such  regiment  shall  be  commanded  agreeable  to  the  particular 
appointment.  Every  regiment  shall  be  divided  into  companies  of  not  less 
than  50  rank  and  file,  two  Serjeants,  two  corporals,  one  drummer,  and  one 
fifer;  each  company  to  be  under  the  command  of  a  Captain,  Lieutenant  and 
Ensign.  That  every  company  shall  be  divided  into  five  divisions,  one  di- 
vision to  consist  of  all  the  more  aged  and  infirm  men,  the  other  four  divi- 
sions shall  draw  lots  for  the  1st,  2d,  3d  and  4th  turns  to  go  on  service,  and 
shall  be  numbered  according  to  such  lots. 

Resolved,  That  the  foregoing  arrangement  shall  immediately  upon  no- 
tice hereof  be  made  in  every  county  in  this  Colony  by  the  field  and  subal- 
tern officers,  each  in  his  respective  department.  That  every  Captain  im- 
mediately upon  such  arrangement,  afterwards  every  six  months,  shall  re- 
turn a  muster  roll  of  his  company  divided  into  divisions,  and  numbered  as 
aforesaid,  to  the  commanding  officer  of  the  regiment,  under  pain  of  forfeit- 
ing 5  1.  for  every  default}  and  the  commanding  officers  of  each  regiment 
shall  make  an  exact  return  from  such  lists,  within  one  week  after  he  shall 
have  received  the  same,  to  the  Brigadier-  General  of  the  district,  under 
pain  of  forfeiting  50  1.  for  every  default, 

That  the  commanding  officer  of  every  regiment  shall,  whenever  required 
thereto  by  the  Brigadier  General  of  his  district,  order  a  general  muster  at 
the  most  convnient  place  in  his  regiment,  under  pain  of  forfeiting  50  1.  for 
every  default,  provided  that  he  shall  not  call  them  together  more  than  twice 
in  one  year;  and  every  Captain  shall  muster  and  train  his  company,  divi- 
ded into  divisions  as  before  directed,  once  in  every  month  at  least,  and  of- 
tener  if  directed  by  the  commanding  officer,,  under  pain  of  forfeiting  40  s. 
for  every  default.  And  every  soldier  who  shall  neglect  or  refuse  to  attend 
the  general  and  private  musters,  shall  be  subject  to  such  penalties  and  for- 
feitures as  are  provided  by  the  militia  laws  in  force  in  this  Province.  That 
the  Brigadier  Generals  respectively  shall  return  one  exact  muster  roll  of 
all  the  officers  and  soldiers  of  their  respective  brigades,  distinguished  into 
their  proper  companies  and  divisions,  to  the  executive  power  which  shall  be 
established,  once  every  year,  and  oftener  if  required,  under  penalty  of  100 1, 
for  every  default. 

Resolved,  That  the  field  officers  of  every  regiment  be  impowered  to  em- 
ploy one  or  more  Adjutant  or  Adjutants  to  train  and  discipline  the  men, 
who  shall  attend  every  general  and  private  muster  for  that  purpose;  and 
every  such  Adjutant  shall  be  allowed  10  s.  for  every  muster  he  shall  so  at- 
tend. 

Resolved,  That  each  militia  soldier  shall  be  furnished  with  a  good  gun, 
bayonet,  cartouch  box,  shot  bag  and  powder  horn,  a  cutlass  or  tomahawk^ 


46 
and  where  any  person  shall  appear  to  the  field  officers  not  possessed  of  suf- 
ficient property  to  afford  such  arms  and  accoutrements,  the  same  shall  be 
procured  at  the  public  expence,  and  given  to  such  person  upon  every  mus- 
ter day,  and  when  he  shall  be  ordered  to  march ;  and  whenever  the  service 
of  mustering  or  marching  shall  be  concluded,  the  said  arms  and  accoutre- 
ments shall  be  restored  to  the  Captain  of  the  company,  and  by  him  careful- 
ly preserved  for  future  occasions;  and  whenever  the  militia  shall  be  called 
into  actual  service,  they  shall  be  allowed  as  follows,  viz.  One  baggage  wag- 
gon, or  two  carts,  to  every  fifty  men;  ammunition  waggons  to  every  brig- 
ade, at  the  discretion  of  the  Brigadier  General,-  the  same  rations  to  men 
and  officers  as  allowed  to  the  Continental  army,  to  be  supplied  by  Com- 
missaries appointed  by  the  Brigadiers,  which  said  Commissaries  shall  be 
allowed  waggons,  or  carts  in  proportion,  to  carry  the  provisions;  one  bell 
tent  to  every  company;  all  necessary  intrenching  tools;  six  axes  to  every 
company;  one  baggage  waggon  for  the  officers  of  every  regiment;  a  neces- 
sary number  of  camp  kettles;  and  the  pay  for  officers  shall  be  as  established 
by  act  of  Assembly,  and  soldiers  2  s.  6  d.  for  each  day  while  in  service. 

Resolved,  That  every  Brigadier  General  shall  be  allowed  the  sum  of  fouv 
dollars  for  every  day  he  shall  be  in  actual  service,  and  a  waggon  for  bag- 
gage and  stores;  that  the  commanding  officer  of  every  regiment  shall  return 
an  account  of  all  expences,  disbursements  and  pay,  appurtaining  to  the 
said  regiment,  and  shall  produce  as  vouchers  for  such  account  the  accounts 
rendered  on  oath  of  the  Captain  of  the  respective  companies,  and  other  per- 
sons expending  or  disbursing  for  said  regiment. 

Resolved,  That  there  shall  be  ten  Light  Horsemen,  and  no  more,  to  eve- 
ry regiment,  to  be  arrayed  in  one  or  more  companies  when  they  shall  have 
joined  the  brigade,  at  the  discretion  of  the  Brigadier  Genera]-. 

Resolved,  That  no  officer  or  soldier  in  the  militia  service  shall  be  tried 
for  any  offence  against  the  militia  law  or  the  Articles  of  War,  except  by  % 
Court  Martial,  to  consist  only  of  militia  officers. 

Resolved,  That  no  brigade,  regiment,  company  or  division  of  militia 
shall  be  under  command  of  any  but  militia  officers,  except  when  su-ch  mili- 
tia shall  be  ordered  by  the  civil  power  to  join  the  Continental  troops;  in 
which  case,  the  Continental  officer  of  equal,  and  the  militia  officer  of  supe- 
rior denomination,  shall  command. 

Resolved,  That  such  divisions  as  shall  at  any  time  be  called  into  service, 
shall  be  formed  into  companies  of  50  men  each,  with  a  proportioned  number 
of  officers,  Serjeants,  Corporals,  Fifers  and  Drummers,  and  all  the  officers 
of  each  regiment  shall  agree  among  themselves  concerning  which  shall  com- 
mand on  actual  service;  but  if  they  cannot  so  agree,  the  commanding  offi- 
cer shall  cause  lots  to  be  drawn,  and  the  officer  on  whom  such  lot  shall  fall, 
shall  command  in  their  proper  rank  and  department. 

Resolved,  That  all  persons  (except  such  as  have  or  do  bear  appointments 
or  commissions  under  the  authority  of  tie  General  and  Provincial  Con- 
gresses, Justices  of  the  Peace,  Ministers  of  some  Church  regularly  called, 
and  having  the  cure  of  souls,  overseers  of  slaves  exceeding  five  taxables  in 
number,  schoolmasters,  millers  and  ferry  keepers)  shall  be  liable  to  be 
drafted;  and  all  persons  so  drafted  shall  be  obliged  to  serve,  or  find  an  a- 
ble  bodied  man  in  his  room,  under  the  penalty  of  10  1. 

Resolved*,  That  all  the  militia  laws  heretofore  in  force  in  this  Colony, 
and  not  repealed,  expired,  or  discontinued,  shall  be  in  force  hereafter;  ex- 


47 
cept  where  other  provision  is  made  by  the  resolves  of  this  Congress,  or 
some  future  legislative  authority. 

The  Congress  taking  the  said  report  into  consideration,  concurred  there- 
with. 

Resolved,  That  the  commanding  officers  of  the  brigades  of  Halifax,  Eden- 
ton,  Newbern  and  Wilmington  be  ordered  to  detach  from  their  respective 
brigades  the  number  of  men  voted  by  this  Congress  by  a  resolve  of  the  2d 
of  May  instant,  to  reinforce  Brigadier  General  Moore  at  Cape  Fear,  agree- 
able to  the  said  resolve,  and  the  resolves  for  regulating  the  militia  entered 
into  this  day. 

Resolved^  That  John  Ashe,  Esq.  be  appointed  Brigadier  General  of  the 
militia  for  the  district  of  Wilmington,  Allen  Jones,  Esq.  for  the  district  of 
Halifax,  Edward  Vail,  Esq.  for  the  district  of  Edenton,  Griffith  Ruther- 
ford, Esq.  for  the  district  of  Salisbury,  Thomas  Person,  Esq.  for  the  dis- 
trict of  Hillsborough,  and  William  Bryan,  Esq^  for  the  district  of  New- 
bern. 

Resolved^  That  each  of  the  Brigadier  Generals  shall  take  rank  in  their 
respective  districts* 

Resolved,  That  Thomas  Armstrong  be  appointed  first  Lieutenant  in  Cap- 
tain John  Enloe's  company  of  the  American  army  of  the  5th  regiment,  in 
the  room  of  George  Sugg;  and  John  Hodges  Ensign,  in  the  room  of  Shad- 
rach  Wooten* 

The  Congress  adjourned  till  Monday  morning,  nine  o'clock. 

Monday,  May  6,   1776. 

The  Congress  met  according  to  adjournment* 

The  Secret  committee  laid  before  the  House  extracts  of  a  letter  from 
General  Moore,  and  an  affidavit  respecting  the  enemies  situation* 

Ordered,  That  the  said  committee  transmit  to  Major  General  Lee  copies- 
of  said  letter  and  affidavit,  and  give  him  such  further  accounts  of  the  num- 
ber of  militia  ordered  by  this  Congress  to  join  General  Moore,  and  the  time, 
as  near  as  they  can  ascertain,  of  their  junction. 

Ordered,  That  the  Secretary  immediately  furnish  each  of  the  Brigadier 
Generals  with  a  copy  of  the  resolves  of  this  Congress  for  regulating  the 
militia,  and  that  the  Brigadier  General  shall  immediately  issue  orders  to 
the  commanders  of  the  respective  regiments  belonging  to  their  brigades  to 
carry  the  same  into  effect  with  all  possible  expedition;  and  that  the  Gene- 
rals of  the  brigades  of  Halifax,  Edenton,  Newbern  and  Wilmington  hasten 
by  every  possible  expedition  the  march  of  the  reinforcements  ordered  to 
join  General  Moore;  and  that  Brigadier  General  Ashe  be  ordered  to  take 
command  of  the  said  reinforcements  upon  their  arrival  in  his  district,  sub- 
ject to  the  provisions  of  the  militia  regulations  entered  into  by  this  Con- 
gress. 

Resolved,  That  if  the  Brigadier  General  of  any  brigade  shall  at  any  time 
refuse,  neglect  or  delay  to  obey  the  orders  of  the  Congress,  or  any  power 
by  them  appointed,  to  array  and  controul  the  militia,  and  shall  be  convict- 
ed thereof  by  sentence  of  a  Court  Martial,  he  shall  forfeit  and  pay  500  1. 
to  the  use  of  this  Province,  to  be  disposed  of  by  the  Congress  thereof;  and 
shall  be  liable  to  such  further  punishment  as  shall  be  adjudged  by  a  Court 
Martial,  such  sentence  of  further  punishment  to  be  suspended  until  the 
sense  of  the  Congress  shall  be  taken  thereon. 


48 

Resolved,  That  Christopher  Lackey  be  reinstated  second  Lieutenant  in 
Capt.  "William  Brinkly's  company  of  the  American  army  in  tins  Province, 
of  the  3d  regiment j  and  Micajah  Little,  lately  appointed  in  Capt.  Brink- 
ly's company,  second  Lieutenant  in  Capt.  John  Enloe's  company  of  the  A- 
merican  army,  in  the  5th  regiment. 

Resolved,  That  Mr.  Miller,  Mr.  Caswell,  Mr.  William  Johnston,  Mn 
Penn,  Mr.  Samuel  Ashe  and  Mr.  Simpson  be  a  committee  to  consider  the 
claims  of  William  Kennan,  Commissary  of  the  troops  at  Cape  Fear;  and 
also  to  enquire  into  what  provisions  have  been  purchased  on  the  public  ac- 
counts and  the  most  eligible  method  of  disposing  thereof. 

Resolved,  That  Isaac  Gregory  and  Abner  Harrison,  Esqvs.  of  Pasquo- 
tank county,  and  William  Ferreby,  of  Currituck  county,  or  any  two  of 
them,  take  into  their  possession  the  plantation  or  plantations  the  property 
of  Thomas  Macknight,  and  also  of  James  Parker,  and  the  same  hire  out 
for  the  most  that  can  be  got  for  them  for  the  ensuing  year,  and  that  they 
take  care  of  all  utensils  thereon. 

On  the  petition  of  Henry  Bennet  and  John  Foscue,  complaining  that  they 
have  been  long  imprisoned,  and  no  probability  of  any  witness  appearing  a- 
gainst  them,  Resolved,  That  they  be  admitted  to  bail; 

Resolved,  That  Mr.  Caswell,  Mr.  Thomas  Jones  and  Mn  Coor  be  a 
committee  to  enquire  what  sum  of  money  will  be  sufficient  to  carry  on  the 
military  establishment  for  one  year^  with  the  disbursements  necessarily  ac- 
cruing thereon,  and  report  an  estimate  thereof  to  the  Congress. 

Mr.  Joseph  Jones,  one  of  the  members  for  Pasquotank  county,  appeared j 
subscribed  the  Test,  and  took  his  seat  in  Congress; 

The  committee  appointed  to  enquire  into  the  most  practicable  way  of 
procuring  and  purifying  sulphur,  &c.  reported  as  follows: 

That  they  have  been  informed  there  is  a  large  quantity  of  virgin  or  fosii 
sulphur  at  or  near  .the  mouth  of  Little  River,  in  the  upper  part  of  .Dobbs 
county,  and  in  the  county  of  Bladen,  at  or  near  Peter  Lord's,  as  well  as 
in  several  other  places  in  the  Province;  also  that  there  is  a  large  quantity 
of  lead  ore  in  the  lower  part  of  Johnston  county,  at  or  near  the  plantation 
of  Capt.  Nathan  Williams,  and  that  lead  may  be  procured  at  Chiswell's 
mines,  in  the  Colony  of  Virginia.  Your  committee  therefore  recommend 
that  George  Miller,  John  Sasser  and  Benjamin  Exum,  of  Dobbs  county  j- 
and  James  Council,  Thomas  Robinson  and  Joseph  Cain,  of  Bladen  county, 
be  impowered  to  contract  with  persons  to  procure  and  purify,  at  the  public 
expence,  such  sulphur  as  may  be  had  or  found  within  this  Province,  which 
contract  to  be  obligatory  on  the  Province;  and  that  the  said  George  Miller, 
John  Sasser,  Benjamin  Exum,  James  Council,  Thomas  Robinson  and  Jo- 
seph Cain,  or  any  three  of  them,  draw  on  the  Treasurers,  or  either  of  them, 
for  such  sums  of  money  as  may  be  necessary  for  the  above  purposes,  so 
that  the  same  does  not  exceed  1000 1.  And  as  lead  ore  cannot  be  procured 
and  purified  as  soon  as  it  may  be  wanted,  your  committee  further  recom- 
mend that  Hugh  Montgomery  and  Matthew  Lock,  Esqrs.  be  impowered  to 
treat  as  soon  as  possible  with  any  person  or  persons  in  this  Province,  or 
the  Colony  of  Virginia,  for  any  quantity  of  lead,  not  exceeding  20  tons; 
and  having  so  contracted,  to  provide  ways  and  means  for  the  transporting 
the  same  to  the  following  places,  to  wit:  Two  tons  to  Salisbury,  two  tons 
to  Hillsborough,  and  the  remainder  to  Johnston  Court  House;  and  that  the 
Treasurers,  or  either  of  them,  be  impowered  to  draw  on  the  Continental 


49 
Treasury  for  such  sums  of  money  as  may  be  necessary  for  purchasing  thfe 
said  lead;  and  that  the  said  Hugh  Montgomery  and  Matthew  Lock  be  al- 
lowed a  reasonable  sum  for  their  trouble  and  expence,  to  be  paid  by  the 
public. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

It  appearing  to  the  Congress  that  Thomas  Jones,  Esq.  rendered  this  coun- 
try very  important  and  essential  services  in  prosecuting  suits  in  behalf  of 
the  Crown,  therefore  Resolved,  That  the  said  Thomas  Jones,  Esq.  be  al- 
lowed 75  1.  for  prosecuting  divers  criminals  in  behalf  of  the  Crown  at  three 
Courts  of  Oyer  and  Terminer  held  at  Edenton,  to  wit:  One  in  July,  1774, 
one  in  January,  1775,  and  another  in  July,  1775;  that  the  Treasurers,  or 
either  of  them,  pay  him  the  same,  and  be  allowed  in  their  accounts  with 
the  public. 

Resolved,  That  William  Amis  be  appointed  Commissary  to  the  third 
Vcgiment  of  the  American  army  to  be  raised  in  this  Province,  in  the  room 
of  John  Webb,  resigned. 

Resolved,  That  Mr.  Miller,  Mr.  William  Johnston  and  Mr.  Simpson  be 
added  to  the  committee  of  Civil  Accounts. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock- 

— •  »>*a  @  ©««•— 
Tuesday,  May  7,   1776* 

The  Congress  met  according  to  adjournment. 

Whereas  the  commanding  officers  in  the  late  expedition  against  the  To- 
ries thought  proper,  for  the  benefit  of  the  service,  to  cause  to  be  cut  down 
and  destroyed  sundry  bridges  in  the  counties  of  Duplin  and  Bladen,  and 
it  appearing  to  the  House  that  it  will  be  burthensome  to  the  inhabitants  of 
those  counties  to  be  at  the  sole  expence  of  rebuilding  such  bridges;  there- 
fore Resolved,  That  when  it  shall  appear  to  be  necessary  and  expedient  to 
rebuild  such  bridges,  the  expence  thereof  shall  be  paid  by  the  public. 

Mr.  James  Williams  exhibited  his  account  for  acting  as  attorney  for  the 
Crown  at  five  Courts  of  Oyer  and  Terminer  held  in  this  Province,  from  the 
10th  of  June,  1774,  to  the  10th  of  June,  1775. 

Resolved,  That  the  said  James  Williams  be  allowed  the  sum  of  5©  1.  for 
prosecuting  in  behalf  of  the  Crown  in  the  said  Courts  of  Oyer  and  Termin- 
er; that  the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allow- 
ed in  their  accounts  with  the  public. 

Resolved,  That  Mr.  Ebenezer  Folsome  be  allowed  100  1.  for  his  vigi- 
lance, and  the  important  services  rendered  this  country  in  the  late  insur- 
rection, the  Congress  considering  the  said  sum  not  as  an  adequate  reward 
for  his  spirit  and  activity,  but  as  a  mark  of  his  country's  confidence  and  ap- 
probation; that  the  Treasurers,  or  either  of  them,  pay  him  the  same. 

Resolved,  That  Mr.  Nash,  Mr.  Burke,  Mr.  Ashe,  Mr.  Whitmell  Hill 
and  Mr.  Coor  be  a  committee  to  enquire  of  ways  and  means  the  most  pro- 
bable to  prevent  the  desertion  of  slaves. 

Resolved,  That  100  Light  Cavalry,  and  200  Infantry,  be  ordered  imme- 
diately to  Cross  Creek,  to  be  under  the  command  of  Lieutenant  Colonel 
Folsome,  until  further  orders. 

That  the  said  horsemen  be  immediately  raised  from  the  militia  in  Cum" 
berland,  and  the  adjacent  counties,  who  will  voluntarily  serve;  and  the 
footmen  be  drafted  from  the  brigades  of  Salisburv  and  Hillsbosough,  by  e? 

7 


JO 
fjual  proportions  from  each  regiment,  unless  a'sufficient  n'nmbef  willimme? 
diately  eater  the  service  as  volunteers. 

Ordered,  That  two  sets  of  blank  commissions  issue  for  the  companies  oi 
Light  Horse,  to  be  filled  up  by  Col.  Folsonie. 

Resolved,  That  2000  L  be  paid  into  the  hands  of  the  delegates  for  the 
county  of  Bladen,  and  by  them  paid  to  the  officers  and  soldiers  of  the  mili- 
tia of  said  county  now  in  service  of  the  Province,  in  part  of  their  pay,  who 
have  not  had  time  to  lay  their  accounts  before  the  public,-  that  the  Treasur- 
ers, or  either  of  them,  pay  him  the  same,  and  be  allowed  in  their  accounts 
with  the  public;  and  that  the  said  delegates  give  bond  and  security  to  ac- 
count for  the  same. 

Resolved*,  That  15001.  be  paid  into  the  hands  of  the  delegates  for  the 
county  of  Duplin,  and  by  them  paid  to  the  officers  and  soldiers  of  the  mili- 
tia of  said  county  now  in  service  of  the  Province,  in  part  of  their  wages  for 
their  services  on  the  late  expedition  to  Cape  Fear;  that  the  Treasurers,  or 
either  of  them,  pay  the  same,  and  be  allowed  in  their  accounts;  and  that 
the  said  delegates  give  bond  with  security  to  account  for  the  same. 

Resolved,  That  850  wt.  of  powder  be  sent  to  the  district  of  Salisbury,  to 
the  care  of  the  Brigadier  General  of  that  district. 

Resolved,  That  400  wt.  of  powder  be  sent  to  the  district  of  Hillsborough, 
to  the  care  of  the  Brigadier  General  of  that  district. 

Resolved,  That  the  field  officers  in  every  battalion  of  the  Continental 
troops  be  impowered  to  employ  an  armourer  for  such  battalion,  and  that 
such  armourer  be  allowed  the  pay  of  one  dollar  and  a  quarter  of  a  dollar 
per  day,  and  one  ration. 

Resolved,  That  Ebenezer  Folsome  be  appointed  Colonel  of  the  militia 
in  the  county  of  Cumberland,  in  the  room  of  Alexander  Mcx\lister,  resign- 
ed, David  Smith,  Lieutenant  Colonel,  Philip  Alston,  1st  Major,  and  John 
Armstrong,  2d  Major,  in  the  same  county. 

Resolved,  That  Mr.  Burke,  Mr.  Webb  and  Mr.  Penn  be  a  committee  to 
report  on  Mr.  Cooper's  petition. 

Resolved,  That  William  Rand  take  into  his  possession,  wherever  they 
may  be  found,  all  the  records  and  papers  belonging  and  appurtaining  to 
the  clerk  and  register's  offices  in  the  county  of  Cumberland. 

Ordered,  That  Col.  Long  deliver  to  William  Jones,  who  lately  came 
express  to  this  Congress,  one  of  the  Tory  horses  in  his  possession. 

Resolved,  That  the  managers  of  the  furnace  directed  to  be  hired  in  Chat- 
ham county,  or  purchased  in  Guilford  county,  for  the  public  use,  take  un- 
der care  for  that  service  the  whole  of  the  Negroes  lately  brought  by  order 
of  the  Congress  from  the  counties  of  Pasquotank  and  Currituck,  belonging 
(o  the  estates  of  Thomas  Macknight,  James  Parker  and  Robert  Gilmore, 
and  make  the  best  of  them  in  that  employment  for  the  benefit  of  the  public; 
and  that  the  commissioners  render  to  next  Congress  a  disposition  of  such 
slaves,  with  an  account  of  expenditures,  upon  oath;  and  that  the  commis- 
sioners give  a  receipt  for  such  Negroes. 

Resolved,  That  William  Glover  be  appointed  Captain  in  the  6th  regi- 
ment of  foot  of  the  American  army  to  be  raised  in  this  Province,  in  the 
room  of  Jesse  Saunders,  resigned;  and  John  Owens,  1st  Lieut,  in  the  room 
of  William  Glover,  advanced;  John  Hart,  2d  Lieutenant,  in  the  room  of 
Pleasant  Henderson,  resigned!  and  Kedar  Parker,  ja  the  room  of  Thomas 


51 
Grant,  resigned;  all  of  the  Gth  regiment,  in  Capt.  William  Glover's  com? 
pany. 

Tlie  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

Wednesday,   May  8,   1*76. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  each  of  the  late  Paymasters  to  the  troops  in  this  Province 
be  allowed  two  and  a  half  per  cent,  on  all  monies  received  and  paid  away 
to  such  troops,  as  a  compensation  for  their  trouble  and  expences. 

Resolved,  That  Henry  Gifrard  be  appointed  Commissary  to  the  militia 
to  be  stationed  at  Cross  Creek. 

Resolved,  That  Chapel  Gee  be  appointed  Commissary  to  the  militia  for 
the  district  of  Halifax,  and  that  either  of  the  Treasurers  pay  him  200  1.  to 
enable  him  to  purchase  provisions  for  the  present,  he  first  entering  into 
bond  to  account  for  the  same,  and  be  allowed  in  their  accounts  with  the 
public. 

On  motion,  Resolved,  That  Mr.  Council,  Mr.  Burke,  Mr.  Rutherford 
and  Mr.  Lock  be  a  committee  to  enquire  concerning  the  salt  taken  on  ac- 
count of  the  public  at  Cross  Creek,  and  make  report. 

Resolved,  That  the  present  Paymaster  pay  up  all  back  arrears  due  to  the 
two  first  regiments  in  this  Province. 

The  committee  to  enquire  of  ways  and  means  the  most  probable  to  pre- 
vent the  desertion  of  slaves,  reported  as  follows,  to  wit: 

Your  committee  report,  that  in  their  opinion  it  is  expedient  to  recommend 
it  to  all  masters  and  owners  of  slaves  on  the  south  side  of  Cape  Fear  River 
to  remove  such  male  slaves  as  are  capable  of  bearing  arms,  or  otherwise  as- 
sisting the  enemy,  into  the  country,  remote  from  the  Sea;  and  that  the 
commanding  officer  on  that  station  be  impowered  to  remove  all  such  slave* 
as  are  above  described  to  such  distance  as  he  shall  think  safe,  in  case  he 
perceives  a  necessity  for  such  movement,  and  that  the  recommendation 
here  suggested  should  not  be  properly  attended  to. 

The  Congress  taking  the  same  into  consideration,  concurred  therewith. 

The  committee  for  taking  into  consideration  the  petition  of  Wills  Coop- 
er, reported  as  follows: 

That  ft  appears  to  them  that  the  said  Benjamin  Arundel  is  indebted  to 
the  petitioner  1841.  10  s.  9  d.  Virginia  money,  balance  of  a  bond,  with  in- 
terest from  the  22d  of  October,  1774,  and  also  591.  6  s.  2d.  like  money, 
balance  of  an  account;  that  the  said  Benjamin  Arundel  has  absconded 
from  this  Colony,  and  left  some  property  in  the  county  of  Wake;  that  the 
petitioner's  prayer  to  be  allowed  some  remedy  for  securing  the  said  effects 
from  being  removed  or  wasted,  is  reasonable;  and  your  committee  humbly 
recommend  that  trustees  be  appointed  to  take  the  same  into  their  care,  that 
they  may  be  preserved  for  payment  of  the  petitioner,  and  any  other  credi- 
tors of  the  said  Benjamin  Arundel,  who  shall  establish  their  claims  in  such 
manner  as  shall  be  provided  by  any  ordinance  in  this  Colony.  Provided 
nevertheless,  that  the  said  Benjamin  Arundel  be  at  liberty  to  replevy  any 
part  of  his  estate  so  seized  or  taken,  on  his  giving  bond  and  approved  secu- 
rity to  trustees  for  the  payment  of  all  debts  that  shall  be  adjudged  against 
him,  and  accruing  costs. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

Resolved,  That  Michael  Rogers  and  John  Hinton,  jun.  be  appointed 


52 
trustees  to  take  into  their  possession  the  estate  of  the  said  Benjamin  Arun- 
del, and  preserve  the  same  till  further  orders  from  this  Congress. 

Resolved,  That  Mr.  John  Webb,  heretofore  appointed  to  purchase  arms 
for  this  Province,  do  deliver  all  the  arms  by  him  purchased  to  Col.  Jethro 
Sumner,  for  the  use  of  the  soldiers  of  the  3d  regiment  under  his  command,, 
and  that  Mr.  Webb  take  Col.  Sumner's  receipt  for  the  same. 

Resolved,  That  Edward  Yarbrough  be  appointed  Ensign  in  C§pt.  Jacob 
Turner's  company  of  Foot  in  the  American  army,  of  the  3d  regiment,  in 
the  room  of  Benjamin  Morgan,  resigned. 

Resolved,  That  the  Treasurers,  or  either  of  them,  pay  into  the  hands  of 
William  Kennon,  Esquire,  Commissary  to  the  1st  regiment,  20001.  that 
he  enter  into  bond  with  security  faithfully  to  account  for  the  same,  and  be 
allowed  in  their  accounts  with  the  public. 

The  chairman  of  the  committee  of  Claims  reported  that  Col.  Joseph 
Taylor  was  allowed  6691.  4  s.  2  d.  for  the  services  of  the  Granville  regi- 
ment of  militia;  Col.  Charles  Eaton,  1691.  6  s.  9  d.  for  services  of  the 
Granville  Light  Horse;  Bennet  Crafton,  23  1.  12  s.  for  services  as  Adju- 
tant of  the  militia  in  Granville  county;  and  Peter  Dative,  84  1.  8*  6  d.  for 
bringing  up  Macknight's  Negroes,  and  for  handcuffs. 
The  House  considering  the  same,  concurred  therewith. 
The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock, 

— .•••►e  ©  e«*— - 
Thursday,  May  9,  177-6. 
The  Congress  met  according  to  adjournment. 

Mr.  Samuel  Smith,  one  of  the  delegates  for  the  county  of  Johnston,  ap- 
peared, subscribed  the  Test,  and  took  his  seat  in  Congress. 

The  chairman  of  the  committee  of  Claims  reported  that  Philemon  Haw-, 
kins  was  allowed  for  the  services  of  his  regiment  of  militia  on  late  Curri* 
tuck  expedition,  and  against  the  insurgents,  the  sum  of  332 1,  2  s.  7  d. 
The  House  considering  the  same,  concurred  therewith. 
Resolved,  That  Mr.  John  Campbell,  Mr.  John  Cowper,  Mr.  William 
Johnston,  Mr.  Joseph  Jones,  Mr.  George  Miller,  Mr.  Richard  Caswell  and 
Mr.  Thomas  Jones,  be  a  committee  to  examine  the  invoices  and  papers  laid 
before  this  House  by  Mr.  John  W,  Stanly,  and  make  report  thereon. 

The  committee  to  enquire  concerning  the  salt  taken  on  account  of  the 
public  ac  Cross  creek,  reported  as  follows:  Your  committee  having  consi- 
dered the  matter  referred  to  them,  are  of  opinion  that  the  proprietors  ought 
to  be  allowed  6  s.  8  d.  for  each  bushel  of  the.  salt  taken  at  Cross  creek  on 
the  public  account,  which  opinion  is  humbly  submitted  to  the  Congress. 
The  House  considering  the  same,  concurred  therewith. 
Resolved,  That  15001.  be  paid  into  the  hands  of  the  Delegates  for  the 
county  of  Mecklenburg,  and  by  them  paid  to  the  officers  and  soldiers  of 
the  militia  of  said  county,  now  in  service  of  the  Province,  in  part  of  their 
pay,  who  have  not  had  time  to  lay  their  accounts  before  the  public;  that  the 
Treasurers,  or  either  of  them,  pay  them  the  same,  and  be  allowed  in  their 
accounts  with  the  public;  and  that  the  said  Delegates  give  bond  and  secu- 
rity to  account  for  the  same. 

Abraham  Childers  was  brought  before  this  Congress,  pursuant  to  a  former 
order,  who  was  examined  and  discharged. 

Resolved,  That  Arthur  Moore,  of  Orange  county,  be  allowed  56  1.  for 
seven  rifle  guns  which  Cornet  Abraham  Childers  purchased  of  him  for  the 


53 
tfse  of  the  light  dragoons  under  the  command  of Capt.  Dickerson;  that  the 
Treasurers,  or  either  of  their,  pay  him  the  same,  and  be  allowed  in  their 
accounts  with  the  public. 

Resolved,  That  James  Mclvinnie  be  reinstated  Ensign  in  Simon  Alder- 
son's  company  in  the  5th  regiment  of  the  American  army,  in  the  room  of 
Thomas  Alderson,  lately  appointed  by  this  Congress. 

Resolved.  That  Mr.  Caswell,  Mr.  Thomas  Jones,  Mr.  Burke,  Mr. 
Lock,  and  Mr.  Rutherford,  be  a  committee  to  prepare  and  bring  in  a  plan 
for  the  more  conveniently  paying  the  militia  who  have  or  may  serve  in  this 
Colony,  and  for  adjudging  and  paying  all  expences  incident  to  the  militia 
when  in  actual  service. 

Resolved,  That  a  committee  of  the  whole  House  be  appointed  to  examine 
the  proceedings  of  the  late  Provincial  Council,  to  meet  at  the  Court-House 
as  soon  as  this  House  rises,  and  that  such  members  attend  as  can  conveni- 
ently. 

Resolved,  That  an  artillery  company,  to  consist  of  50  men  (officers  ex- 
cluded) be  raised  in  this  Province,  under  the  command  of  Capt.  John 
Vance,  and  ordered  immediately  to  join  General  Moore;  and  that  James 
Bradly  be  appointed  1st  Lieutenant.  John  Allen  2d  Lieutenant,  and  John 
Kingsberry  Ensign;  and  that  the  officers  and  privates  of  that  company  be 
allowed  the  same  pay  as  allowed  in  the  artillery  service  on  the  Continental 
establishment,  and  also  the  same  allowance,  bounty,  and- advance,  as  other 
troops  raised  in  this  Province. 

Resolved,  That  Allen  Jones  and  Thomas  Jones,  Esquires,  two  of  the  de- 
legates of  this  Congress,  be  appointed  to  attend  the  Convention  of  the  Co- 
lony of  Virginia,  for  the  purpose  of  recommending  to  them  the  expedien- 
cy of  fitting  out  two  armed  vessels  at  the  expence  of  that  Colony,  to  act  in 
conjunction  with  the  armed  vessels  already  fitted  out  by  this  Colony,  for 
the  protection  of  the  trade  at  Occacock;  and  that  they  be  allowed  30  s. 
per  day  while  on  that  service,  and  that  the  Treasurers,  or  either  of  them, 
advance  40  1.  to  each,  to  be  afterwards  accounted  for. 

Resolved,  That  Mr.  Thomas  Jones,  Mr.  Joseph  Jones,  and  Mr.  Thomas 
Boyd,  be  a  committee  to  enquire  into  the  proofs  of  the  necessity  of  placing 
the  estate  of  Robert  Murden  into  the  hands  of  commissioners,  for  the  pur- 
pose of  securing  his  creditors,  the  said  Robert  Murden  being  said  to  have 
absconded  this  Colony,  and  joined  Lord  Dunmore,  and  make  report  there- 
of. 

Resolved,  That  the  sum  of  500,000  1.  (including  100,000  1.  already 
voted)  be  emitted  in  paper  bills  of  credit,  for  the  purpose  of  defraying  all 
the  expences  of  armaments,  bounties,  and  other  contingencies,  that  shall 
occur  in  this  Colony  during  the  recess  of  the  Congress;  and  that  the  bills 
for  the  additional  400,000  1.  be  of  the  following  denomination,  viz. 


5000  bills,  of  20  dolls,  each,  100000 


5000  do. 

15  do. 

75000 

20000  do. 

2  do. 

40000 

10000  do. 

$   do. 

50000 

40000  do. 

1  do. 

40000 

20000  do. 

10  do. 

200000 

80000  do. 

1-2  do. 

40000 

20000  do. 

8  do. 

160000 

80000  do. 

1-4  do. 

20000 

20000  do. 

6  do. 

120000 

80000  do. 

1-8  do. 

10000 

90000  do. 

4  do] 

80000 

80000  do* 

1-16  do. 

dollars 

5000 

500000  bills 

1000000 

£400000 

20000  bills,  of  3  dolls,  each,  60000 


54' 

Resolved,  That  this  Province  be  pledged  for  the  redemption  of  the  said' 
bills  of  credit  by  a  poll  tax,  to  commence  in  the  year  1780,  and  continue 
for  20  years  afterwards,  unless  otherwise  provided  by  some  future  Congress, 
or  competent  power  in  this  Colony. 

Resolved,.  That  any  person  or  persons  who  shall  attempt  to  depreciate 
the  said  bills  of  credit,  by  refusing  to  receive  the  same  in  payment  of  any 
debt  or  contract,  or  by  speaking  or  writing  with  intention  to  lessen  their 
credit  and  currency,  shall  be  considered  as  inimical  to  America;  and  that 
any  person  or  persons  who  shall  counterfeit,  alter,  or  deface,  or  directly  or 
indirectly  utter,  pass,  pay  or  circulate,  any  bill  or  bills,  counterfeited,  al- 
tered, or  defaced,  knowing  the  same  to  be  so,  shall  be  liable  to  such  pro- 
ceedings and  penalties  as  are  provided  by  a  resolve  of  the  Congress  held  at 
Hillsborough  on  the  21st  day  of  August,  1775,  for  preventing  the  like  a- 
buse  with  relation  to  bills  of  credit  emitted  by  the  said  Congress. 

Resolved,  That  Thomas  Benbury,  John  Kinchen,  John  Johnston,  and 
Memucan  Hunt,  Esqrs.  or  the  survivor  or  survivors  of  them,  be  commis- 
sioners for  employing  proper  persons  to  engrave  the  plates  for  the  said  bills, 
under  the  same  regulations  as  are  directed  by  a  vesolve  of  this  Congress, 
passed  on  the  22d  of  April  last;  and  that  William  Ha}rwood,  John  Webb, 
William  Williams,  and  David  Sumner,  Esqrs.  be  commissioners  for  the 
purpose  of  signing  the  said  bills  of  credit,  under  the  like  regulations  as 
provided  by  the  resolve  aforesaid. 

The  Congress  adjourned  till  to-morrow  morning,  nine  o'clock. 

— .»e©»«— 
^Friday,,  May  10,    1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  Capt.  John  Chace  be  allowed  the  further  sum  of  30  1. 
for  gunpowder  received  from  him  by  the  committee  of  Perquimons  county; 
that  the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed 
in  their  accounts  with  the  public. 

Resolved,  That  the  executors  or  administrators  of  Joseph  Montfort,  Esq. 
deceased,  late  Treasurer,  be  directed  to  appear  at  the  sitting  of  the  next 
Congress,  to  adjust  and  settle  his  account  with  the  public. 

Resolved,  That  Charles  Maloy,  Colin  Campbell,  and  James  McEachen, 
be  allowed  6  1.  each,  for  their  attendance  as  evidences  at  this  Congress  a- 
gainst  sundry  persons  suspected  of  being  inimical  to  the  rights  of  Ame- 
rica. 

Whereas  it  is  represented  to  this  Congress  that  the  militia  service  will 
be  greatly  delayed  in  the  county  of  Pasquotank,  unless  advance  money  be 
paid  to  such  as  are  induced  into  the  army,  arising  from  the  necessity  the 
inhabitants  of  the  said  county  were  under  in  the  purchase  of  corn,  and  o- 
ther  provisions,  the  same  being  almost  totally  destroyed  by  a  storm  on  the 
2d  day  of  September  last,  the  notoriety  of  which  this  Congress  being  sensi- 
ble of;  do  resolve,  That  the  sum  of  40  s.  be  advanced  to  each  of  the  mili- 
tia of  Pasquotank,  who  shall  either  enter  the  service  as  volunteers,  or  are 
drafted,  to  reinforce  the  army  under  the  general  officer  of  the  Colony;  and 
that  the  Treasurer  pay  to  the  delegates  of  the  said  county  the  sum  of  150  1. 
to  be  delivered  to  Col.  Peter  Dauge,  to  be  advanced  to  the  soldiers  now  to 
be  raised,  who  shall  on  the  receipt  thereof  give  bond,  with  good  security, 
for  the  due  application  of  the  said  money,  to  answer  the  purpose  of  this  re- 
solution. 


03 

Resolved,  That  no  officer  or  soldier  of  the  militia  or  regulars  in  this  Co 
lony  shall  press  any  waggon  or  waggons,  horse  or  horses,  arms,  or  othei 
things,  of  any  nature  whatsoever,  unless  authorized  thereto  by  warrants, 
under  the  hands  and  seals  of  two  of  the  members  of  the.  committee  of  the 
town  or  county  where  such  press  shall  be  necessary,  which  committee 
members  shall  not  be  themselves  officers;  and  every  officer  or  soldier,  be- 
fore he  shall  presume  to  press  any  thing  as  before  mentioned,  shall  de- 
mand the  saire  peaceably  from  the  owner  or  possessor  thereof,  and  in  case 
of  refusal,  shall  produce  the  warrant  aforesaid  before  he  proceeds  to  press. 
And  every  officer  or  soldier  who  shall  offend  against  this  resolve,  shall  for- 
feit and  pay  101.  for  every  such  offence  to  the  person  injured,  and  be  more- 
over liable  to  the  action  or  actions  of  the  party  grieved,  to  be  recovered 
before  any  jurisdiction  which  shall  have,  coguizance  thereof;  and  every 
horse,  waggon,  or  thing,  so  pressed,  shall  be  valued  by  three  indifferent 
persons,  upon  oath,  and  certificate  thereof  given  by  such  valuers  to  the 
owner  or  possessor  from  whom  the  same  shall  be  pressed,  in  order  that  if 
the  same  shall  not  be  restored  to  such  owner  or  possessor,  he  may  be  allow- 
ed the  valuation  by  the  public. 

Resolved,  That  the  above  resolve  be  published  in  all  the  gazettes  of  this 
Province  for  three  months. 

Resolved,  That  Nathaniel  Rochester,  Esq.  be  appointed  Deputy  Com- 
missary General  of  military  and  other  stores  in  this  Colony  for  the  use  of 
the  Continental  army,  and  that  he  be  allowed  the  same,  allowance  as  pro- 
vided by  the  Continental  Congress  for  such  officer,  and  that  he  give  secu- 
rity in  10,000  1.   for  the  faithful  discharge  of  the  trust  reposed  in  him. 

Resolved,  That  John  Pendleton  take  into  his  possession  a  certain  negro 
girl  called  Nan,  he  having  suggested  to  this  Congress  that  Mr.  Thomas 
Macknight,  who  hath  absconded  this  Colony,  had  only  a  property  to  one 
half  of  the  said  negro,  and  that  the  property  to  the  other  half  is  in  the  said 
John  Pendleton,  upon  his  entering  into  bond,  with  good  security,  to  his 
honour  the  President,  in  the  sum  of  140  1.  conditioned  to  be  answerable  for 
flie  value  of  said  negro  and  her  yearly  hire,  when  hereafter  demanded,  and 
make  his  title  to  the  said  one  half  of  said  negro  appear,  before  such  judica- 
ture as  may  hereafter  be  appointed  to  determine  all  such  cases. 

Resolved,  That  William  Heath  be  allowed  12 1.  for  a  horse  pressed  from 
him,  and  delivered  to  Capt.  Nathaniel  Kcais,  of  the  second  regiment;  that 
the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed  in 
their  accounts  with  the  public. 

Resolved,  That  the  commissioners  for  employing  artificers  to  strike 
500,0001.  in  bills  of  credit,  be  impowered  to  apply  to  the  delegates  of  this 
Colony,  or  either  of  them,  in  the  Continental  Congress,  to  purchase  pa-, 
per  for  the  bills  of  credit  voted  by  this  Congress  to  be  emitted,  to  send  the 
same  to  this  Colony  with  all  possible  expedition;  and  that  they,  or  either  of 
them,  apply  to  the  Continental  Treasury  for  the  money  necessary  for  such 
purpose,  for  and  on  account  of  this  Colony;  and  that  the  said  commissioners 
be  also  impowered  to  purchase  any  paper  or  other  materials  necessary  for 
such  emission  in  this  or  the  adjacent  Colonies,  and  that  they  be  allowed  alf 
expenditures  in  this  behalf  made,  to  be  paid  by  the  Treasurers,  or  either  of 
them,  on  being  allowed  by  such  power  as  shall  be  appointed  in  the  rece9s 
of  the  Congress. 
Resolved,  That  the  Deputy  Commissary  General  of  military  and  other 


56 

^ores,  deliver  out,  in  equal  proportions,  all  the  osnubrigs,  Dutch  stripesj 
romals,  check,  &c.  purchased  for  the  use  of  the  Continental  troops  raised 
in  this  Province,  to  the  Colonels  of  the  respective  regiments,  taking  their 
receipts  for  the  same. 

The  committee  appointed  to  examine  the  invoices  and  papers  laid  before 
the  House  by  Mr.  John  W.  Stanly,  report  that  they  have  examined  the  said 
invoices  and  papers,  whereby  it  appears  to  your  committee  that  Mr.  Stanly 
hath  charged  the  public  20  per  cent,  on  16G0  1.  3  s.  7d.  amounting  to 
332  1.  for  risk  and  trouble  on  the  importation  of  sundry  goods  and  mer- 
chandizes in  the  said  invoices  mentioned,  when  in  fact  the  risk  was  Mess. 
Isaac  Vanbibber  and  Company's,  and  a  commission  charged  by  Mr.  Stanly 
to  them  for  sales  of  the  said  goods;  and  the  allowance  of  20  per  cent,  by 
the  Congress  was  intended  to  be  made  to  the  adventurer,  and  of  course 
ought  to  go  to  the  credit  of  Vanbibber  and  Co.  which  when  so  applied,  and 
a  proper  state  of  the  accounts  between  Mr.  Stanly  and  Mess.  Vanbibber 
and  Co.  is  adverted  to,  it  will  be  found  that  a  balance  of  43  1.  14  s.  7  d.  is 
due  from  Mr.  Stanly  to  Mess.  Vanbibber  and  Co.  after  the  sum  expressed 
in  a  note  passed  by  Mr.  McKim  to  Mr.  Stanly  is  deducted,  and  that  he 
ought  in  justice  to  pay  them  the  same. 

The  House  taking  the  same  into  consideration,  Resolved,  That  the  said 
report  be  concurred  with,  and  that  Mr.  James  Green,  in  whose  hand* 
the  said  note  was  lodged,  deliver  up  the  same  to  Mr.  McKim. 

The  Congress  adjourned  till  to-morrow  morning,  eight  o'clock** 

Saturday,  May  11,   1776. 
The  Congress  met  according  to  adjournment. 

Resolved,  That  the  militia  now  to  be  drafted  from  the  districts  of  Halftu 
fax,  Ederi'ton,  Newbern,   and  Wilmington,  shall  not  be  obliged  to  serve 
longer  than  three  months  from  the  time  of  their  inlistment. 

Resolved,  That  Peter  Dague  be  appointed  Colonel,*  Drury  Gee,  Lieute* 
riant  Colonel,  James  Hogan,  1st  Major,  and  George  Wynn,  2d  Major,  to 
command  that  part  of  the  militia  to  be  drafted  from  the  district  of  Eden- 
ton  and  Halifax;  and  that  John  Tillman  be  appointed  2d  Major  of  the  mi«< 
litia  to  be  drafted  from  the  districts  of  Newbern  and  Wilmington. 

Ordered,  That  the  Rev.  John  McLeoud,  who  was  brought  to  this  Con* 
gress  on  suspicion  of  his  having  acted  inimical  to  the  rights  of  America,  be 
discharged  from  his  further  attendance. 

Resolved,  That  Mr.  President,  Mess.  John  Green  and  David  Barron,  and 
all  other  persons,  deliver  the  stores  in  their  possession  belonging  to  this 
Province  to  the  Deputy  Commissary  General  of  military  and  other  Stores, 
taking  his  receipt  for  the  same. 

Resolved,  That  the  Treasurers,  or  either  of  them,  pay  Nathaniel  Ro£hest- 
ter,  Esq.  Deputy  Commissary,  a  sum,  not  exceeding  1000  1.  to  enable  him 
to  hire  waggons,  &c.  to  remove  the  stores,  and  that  they  be  allowed  the 
same  in  their  accounts  with  the  public. 

Ordered,  That  Angus  Campbell's  parole  to  Cumberland  be  enlarged  for 
one  month  before  he  goes  to  Granville. 

Resolved,  That  Mr.  Robert  Rowan  and  Mr.  Peter  Mallett  be  directed  to 
deliver  the  remaining  part  of  the  3500  bushels   of  salt,   contracted  for  at. 
Cross  creek  by  the  different  counties,  to  the  different  trustees  appointed  fat- 
that  purpose. 


37  . 

Resolved,  That  each  of  the  Treasurers,  the  Paymaster,  and  the  Com- 
missary of  Stores,  be  furnished  with  a  blank  book,  of  those  imported  into 
Halifax  by  the  late  Governor  Martin. 

Resolved,  That  Mr.  President,  Mr.  Caswell,  Mr.  Willie  Jones,  Mr. 
Alexander  Telfair*  and  Mr.  Archibald  Hamilton,  be  appointed  a  commit- 
tee to  state  the  accounts  of  this  Province  with  the  United  Colonies  for  the 
expenditures  since  the  commencement  of  hostilities  between  Great  Britain 
and  the  Colonies,  and  to  transmit  the  same,  certified  under  their  hands,  or 
the  hands  of  a  majority  of  them,  to  the  Continental  Congress. 

Resolved,  That  Henry  Giffard,  Commissary  of  the  militia  to  be  station- 
ed at  Cross  Creek,  enter  into  bond,  in  the  sum  of  1000  1.  for  the  faithful 
discharge  of  that  Office,  and  to  account  for  all  such  monies  that  shall  come 
to  his  hands,-  and  that  the  Tresurers,  or  either  of  them,  pay  him  200  1.  and 
be  allowed  in  theiraccounts  with  thepublici 

Whereas  it  appears  to  this  Congress  that  the  conduct  of  Felix  Kenan, 
Sheriff  of  Duplin  county,  hath  been  inimical  to  the  liberties  of  America, 
and  thereby  rendered  himself  truly  unworthy  to  execute  any  longer  the 
trust  and  confidence  reposed  in  him  by  his  appointment  as  Sheriff;  and 
whereas  the  said  Felix  hath  received  considerable  sums  of  public  money, 
and  hath  not  accounted  for  the  same,  Resolved,  That  the  said  Felix  Kenan 
be,  and  hereby  is  suspended  from  the  office  of  Sheriff'  of  the  said  county  of 
Duplin.  Resolved  further,  That  the  said  Felix  Kenan  do  within  one  month 
after  the  passing  hereof,  return  an  exact  account,  on  oath,  of  all  such  pub- 
lic monies  as  he  shall  have  collected  from  the  inhabitants  of  the  said  coun- 
ty, and  pay  the  same  into  the  hands  of  the  Public  Treasurer  of  the  South- 
ern district  of  this  Province. 

Jesse  Goodwin,  a  soldier  in  the  service  of  this  Colony,  having  been  dan- 
gerously wounded,  and  rendered  incapable  for  some  time  to  come  to  get  a 
siibsistance  by  his  labor,  Resdlved,  That  the  Treasurers,  or  either  of  them, 
pay  to  the  said  Jesse  Goodwin  the  sum  of  28  1.  and  be  allowed  in  their  ac- 
counts with  the  public. 

Read  the  petition  of  Mr.  Joseph  Jones,  Joshua  Campbell,  James  Fere* 
bee,  and  William  Burges,  of  Pasquotank  county,  praying  relief,  &c.  Re- 
solved, That  Mx\  Allen  Jones,  Mr.  John  Cdwper,  Mr.  Thomas  Burke,  and 
Mr.  Thomas  Jones,  be  appointed  a  committee  to  consider,  hear  testimony, 
and  make  report  of  and  concerning  the  facts  set  forth  in  the  above  peti- 
tion. 

Resolved,  That  Mr.  John  Bradford,  Mr.  Willis  Alston,  Mr.  Benjamin 
McCulloch,  and  Mr.  Green  Hill  be  appointed  commissioners  for  signing 
the  bills  of  credit  directed  by  this  Congress  to  be  emitted,  in  addition  to 
those  heretofore  appointed:  &nd  that  they  be  under  the  same  rules  and  re- 
gulations for  their  conduct,  and  intitled  to  the  same  allowance,  as  the 
commissioners  formerly  appointed. 

Resolved,  That  the  Commissary  of  Stores  deliver  out  to  the  commis- 
sioners of  the  armed  vessels  belonging  to  this  Province,  in  the  districts  of 
Edenton,  Newbern,  and  Wilmington,  such  stores  £s  the  said  commission- 
ers shall  apply  for,  necessary  for  fitting  the  said  vessels;  and  also  six  bolts 
of  osnabrigs,  and  36  pieces  of  che6ks  or  striped  linen,  for  cloathing  the 
seamen  belonging  to  the  said  vessels. 

Resolved,  That  the  Commissary  of  Stores  be  impowered  to  purchase 
coarse  linens,  and  other  necessary  cloathing  for  the  armyj  and  that  he  be 

8 


58 
allowed  and  paid  for  the  same,  with  all  necessary  expences,  by  the  Trea- 
surers, or  either  of  them,  when  passed  by  the  executive  power  of  govern- 
ment. 

Whereas  it  appears,  by  the  report  of  the  committee  of  Accounts,  that 
there  is  at  this  time  in  the  hands  of  Matthew  Lock,  Esq.  the  sum  of  2986 1. 
13  s.  9  d.  halfpenny,  belonging  to  the  public;  it  is  therefore  Resolved,  That 
the  said  Matthew  Lock  do  pay  unto  such  of  the  soldiers  who  inlisted  with 
Col.  Alexander  Martin  in  the  second  regiment,  and  who  actually  served 
the  lull  time  of  their  inlistment,  or  at  least  six  months  thereof,  and  now 
discharged,  the  sum  of  40  s.  each  as  a  bounty,  the  same  never  having  been 
paid  them;  and  that  Mr.  Lock  also  pay  off"  all  arrears  to  those  soldiers,  and 
who  are  now  in  the  counties  of  Rowan,  Surry,  Guilford  and  Anson;  and 
that  the  soldiers  now  in  actual  service  with  Col.  Martin  at  Cape  Fear,  be 
paid  their  bounty  money  and  arrears  by  the  Paymaster  General,  and  the 
balance  remaining  be  paid  by  the  said  Matthew  Lock  to  the  militia  officers 
and  soldiers  in  Rowan  county. 

On  motion,  Resolved,  The  House  resolve  itself  into  a  committee  of  the 
whole,  to  take  into  consideration  a  civil  temporary  Constitution. 

The  House  resolved  itself  into  a  committee  of  the  whole  House  accord- 
ingly, and  chose  John  Campbell,  Esq.  Chairman;  and  after  seme  time  spent 
therein,  came  to  sundry  resolutions.  Then,  on  motion,  Mr.  President  re- 
sumed the  Chair,  and  Mr.  Chairman  reported  as  follows,  to  wit: 

Resolved,  That  this  Congress  choose  by  ballot  one  person,  and  each  dis- 
trict two  persons,  who  shall  serve  as  a  Council  of  Safety  for  this  Colony 
Iromthe  end  of  this  session  until  the  meeting  of  the  next  Congress^  and 
that  no  person  holding  any  military  office  from  which  he  receives  or  expects 
profit,  nor  any  person  holding  a  lucrative  office  under  any  military  com- 
manders in  particular,  or  the  army  in  general,  shall  be  capable  to  act  as  a 
member  of  the  said  council,  officers  and  commanders  of  the  militia  only 
excepted. 

Resolved,  That  from  the  end  of  this  present  session,  for  and  during  the 
time  aforesaid^  the  said  Council  of  Safety,  or  a  majority  of  them,  shall  be 
vested  with  full  power  and  authority  to  do  and  execute  all  acts  and  things 
necessary  for  the  defence  and  protection  of  the  people  of  this  Colony;  pro- 
vided that  their  power  shall  not  extend  to  alter,  suspend,  or  abrogate  any 
resolution  of  this  or  any  former  Congress,  or  to  emit  any  bills  of  credit,  or 
levy  any  taxes  on  the  people,  or  impose  any  duties  or  imposts  on  goods  or 
merchandize  to  be  imported  or  exported,  or  give  orders  to  draw  on  the 
Continental  Treasury,  or  to  erect  any  office  or  offices,  courts  or  jurisdic- 
tions, or  to  try,  adjudge,  or  condemn,  any  person  or  persons,  for  any  of- 
fence civil  or  criminal,  except  where  expressly  permitted  by  resolve  of  this 
Congress. 

Resolved,  That  nothing  herein  contained  shall  be  construed  to  extend  to 
prevent  the  said  Council  of  Safety  from  examining  and  committing  any 
>erson  or  persons  who  may  be  accused  on  oath  of  practices  inimical  to  A- 
.nerica,  or  to  restrain  any  person  or  persons  from  departing  this  Colony  by 
Sea. 

Resolved,  That  the  said  Council  of  Safety  be  impowered  to  direct  the 
"reasurers  of  this  Colony,  on  any  urgent  exigency,  to  draw  on  the  Conti- 
ental  Treasury,  on  the  account  and  credit  of  this  Colony,  for  any  sums 
jiot  exeeeding  30,000 1.  in  the  whole. 


09 

Resolved,  Thai  the  Council  of  Safety  have  full  power  and  authority  to 
establish  Courts  of  Admiralty  at  the  ports  of  Edcnton',  Bath,  Newbern  and 
Wilmington,  and  to  appoint  a  Judge  at  each  of  the  said  ports,  to  sit,  hear 
and  determine  all  maritime  matters  cognizable  in  Courts  of  Admiralty, 
and  to.  authorise  and  impower  the  Judges  so  to  be  appointed  to  nominate 
and  appoint  one  Register  and  one  Marshal  at  each  of  the  said  ports,  and 
all  other  officers  necessary  for  the  purpose  of  carrying  into  execution  the 
determinations  and  decrees  of  the  said  courts;  and  that  all  the  proceed- 
ings, determinations  and  decrees  of  the  said  Courts  of  Admiralty  shall  be 
consonant  and  agreeable  to  the  rules  and  regulations  laid  down  by  the  Con- 
tinental Congress;  and  that  the  Judges,  and  other  officers  of  the  said  courts, 
shall  take  such  fees  only  as  are  directed  to  be  taken  by  the  laws  of  this 
Province;  and  that  each  and  every  juryman  attending  the  said  courts,  shall 
be  intitled  to  the  same  allowances  as  directed  by  the  last  Jury  law. 

Resolved,,  That  the  Council  of  Safety  have  full  power  and  authority  to- 
nominate  and  appoint  commissioners  at  each  of  the  ports  of  Currituck, 
Roanoke,  Bath,  Beaufort  and  Brunswick,  for  the  purpose  of  taking  bonds 
and  granting  certificates  to  masters  of  vessels  about  to  depart  the  said 
ports,  in  order  that  the  rules  and  regulations  prescribed  by  the  Continental 
and  this  Congress  may  be  fully  observed  and  carried  into  execution. 

Resolved,.  That  the  Qualification  and  Test  taken  by  the  Congress  shall 
also  be  taken  by  the  members  of  the  Council  of  Safety,  before  they  be  al- 
lowed to  act.. 

Resolved,  That  the  Provincial  Council,  and  the  Committees  of  Safety  for 
each  district,  be,  and  they  are  hereby  dissolved. 

Resolved,  That  all  matters  heretofore  had  or  taken  cognizance  of  by  the 
late  Provincial  Council,  or  the  several  late  Committees  of  Safety  or  this 
Province,  and  undetermined,  with  all  the  proceedings  thereon,  shall  be  laid, 
before,  and  taken  cognizance  of  by  the  Council  of  Safety. 

Resolved,  That  the  Council  of  Safety  shall  sit  from  day  to  day,  at  such 
convenient  place  or  places  as  they  may  think  prudent  and  proper,  for  the 
transaction  of  business,  and  shall  receive  for  each  day's  travelling  and 
attendance  the  sum  of  20  s.  Proc.  money,,  and  be  paid  the  necessary  fer- 
riages. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

Whereas  a  number  of  claims  against  this  Province,  for  services  done  and 

f>erformed  against  the  Highlanders  and  Regulators,  in  consequence  of  their 
ate  insurrection,  remain  unsettled;  Resolved,  That  the  Council  of  Safety 
be  impowered  to  adjust,  settle,  and  allow  the  same,  and  all  other  matters, 
relating  to  the  expences  of  the  army  heretofore  had  or  incurred. 

The  House  proceeded  to  make  choice  of  one,  and  the  districts  of  twelve 
proper  persons,  to  compose  the  Council  of  Safety  of  this  Province,  when 
the  following  were  agreed  upon,  viz.  Willie  Jones,  Esq.  for  the  Congress. 
James  Coor  and  John  Simpson,  Esqrs.  for  the  district  of  Newbern.  Tho- 
mas Jones  and  Whitmell  Hill,  Esqrs.  for  the  district  of  Edenton..  Tho- 
mas Eaton  and  Joseph  John  Williams,  Esqrs.  for  the  district  of  Halifax, 
Cornelius  Harnett  and  Samuel  Ashe,  Esqrs.  for  the  district  of  Wilming- 
ton. Thomas  Person  and  John  Rand,  Esqrs.  for  the  district  of  Hillsbo- 
rough. Hezekiah  Alexander  and  William  Sharpe,  Esqrs.  for  the  district 
of  Salisbury. 

Resolved,  That  the  said  Council  shall  vote  by  districts. 


m 

The  committee  appointed  to  prepare  and  bring  in  a  plan  fur  the  more  cwu 
Yeniently  paying  the  militia  who  have  or  may  serve  in  this  Colony,  and  for 
adjudging  and  paying  all  expences  incident  to  the  militia  when  in  actual 
service,  report  that  your  committee  are  of  opinion  that  one  waggon  mas- 
ter should  be  appointed  by  the  field  officers  of  every  battalion,  when  en- 
tering on  actual  service,  subject  to  be  removed  or  rejected  by  the  Briga- 
dier General.  That  the  Commissaries  should  every  morning  make  a  re- 
turn to  the  waggon  master  of  the  provisions,  which  the  waggon  master  hav- 
ing examined  and  compared,  ought  to  return,  signed  ajid  certified  to  the 
commanding  officer.  That  the  waggon  master  should  attend,  as  his  special 
duty,  to  the  arrangement  of  the  waggons,  taking  care  that  every  morning 
no  more  begin  the  march  than  one  for  every  ton  weight  of  provisions,  ex-, 
cept  where  there  may  be  half  a  ton  or  upwards  over  and,  above  what  will 
make  a  ton  for  every  waggon  but  one,  in  which  case  the  one  waggon  should 
be  kept  in  service  until  so  much  is  consumed  as  to  reduce  it  below  half  a 
ton;  and  in  all  cases  where  the  quantity  over  a  ton  for  each  waggon  is  less, 
than  half  a  ton,  the  overplus  ought  to  be  distributed  into  the  other  waggons 
as  equally  as  may  be.  That  every  morning  all  the  empty  waggons  be  dis- 
charged, each  waggon  having  first  obtained  a  certificate  from  the  waggon 
master,  setting  forth  the  number  of  days  it  had  been  in  service,,  and  the 
place  where  discharged,  and  the  distance  to  return.  That  for  every  twen- 
ty miles  of  such  return  distance,  each  waggon  be  allowed  20  s.  for  every 
day's  pay.  That  every  waggon  master  be  allowed  the  pay  and  rations  of  a, 
Major. 

Your  committee  are  further  of  opinion*  that  one  Paymaster  should  be 
appointed  for  every  militia  brigade,  and  allowed  a  commission  of  two  and 
a  half  per  cent,  on  all  monies  he  shall  pay  away.  That  once  in  every 
month  (or  at  the  end  of  an  expedition*  if  the  same  shall  not  continue  a 
month)  the  commanding  officer  of  each  battalion  shall  cause  to  be  made 
out  a  pay  roll  of  his  battalion*  setting  forth  the  number  of  days  each  officer 
and  soldier  has  been  in,  actual  service  under  his  command,  each  company 
to  be  in  a  separate  l,ist,  and  proved  by  the  oath  of  the  Captain,  or  next 
commanding  officer;  which  pay  roll  the  said  commanding  officer  shall  cause 
to  be  delivered  to  the  Paymaster  of  his  brigade,  signed  by  such  command- 
ing officer;  and  the  Paymaster  shall  pay  to  the  Captain  of  every  company 
the  pay  which  shall  appear  due  to  such  company  by  the  pay  roll,  and  eve- 
ry officer  the  pay  which  shall  appear  due  to  him.  And  every  waggoner 
should  be  entitled  to  receive  from  such  Paymaster  all  the  pay  which  shalj 
appear  due  to  him  by  the  Waggon  Master's  certificate. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

The  Congress  adjourned  till  Monday  morning,  ten  o'clock. 

Monday,  May  13,   1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  when  any  person  shall  be  suspected  of  a  design  to  remove 
himself  or  his  property  out  of  this  Colony,  and  affidavit  shall  be  made  be- 
fore any  member  of  the  county  committee  where  the  person  suspected  shall 
reside,  the  said  member  of  committee  shall  issue  a  warrant  to  some  officer, 
who.  shall  be  indifferent  in  point  of  interest,  to  bring  the  said  suspected 
person  before  the  committee  of  the  county  at  the  next  meeting;  and  such, 
officer  is  hereby  impowered  and  required  to  take  security,  in  such  sum  as 


61 
the  committee  man  shall  direct,  by  endorsement  on  the  back  of  his  warrant* 
to  appear  before  the  said  committee  at  the  next  succeeding  meeting;  and 
in  case  such  suspected  person  shall  not  give  such  security,  the  officer  shall 
commit  him.  And  when  such  suspected  person  shall  appear,  or  be  brought 
before  the  committee,  they  shall  examine,  into  the  proofs  and  allegations; 
and  if  it  shall  appear  to  them  that  such  suspicion  is  well  founded,  they 
shall  order  that  he  give  security  to  answer  whatever  claim  or  claims  may 
be  made  appear  against  him,  or  stand  further  committed.  And  where  any 
person  shall  have  actually  absconded  out  of  this  Colony,  or  so  conceals 
himself,  or  makes  resistance,  that  he  cannot  be  brought  before  the  commit- 
tee, and  the  same  shall  be  made  appear  by  affidavit  to  the  satisfaction  of 
one  or  more  committee  men,  such  committee  man  shall  issue  a  warrant  to 
some  sufficient  person,  not  being  interested,,  to  take  possession  of  all,  or 
so  much  of  the  effects  of  such  absconding  person*  as  shall  be  sufficient  to 
satisfy  the  demands  of  any  creditor  or  creditors  who  shall  apply  and  make 
path  of  such  demands;  provided  that  the  said  effects  shall  not  be  subject  to 
be  sold,  or  otherwise  disposed  of,  until  judgment  shall  be  obtained  in  some 
court  of  justice  hereafter  to  be  established. 

In  committee  of  Secrecy,  War  and  Correspondence. 

Resolved,  That  it  be  recommended  to  the  Congress  to  allow  Mrs.  Eal- 
beck  the  sum  of  5  1,  for  the  use  of  a  room,  candles,  fire,  &c,  for  this  com- 
mittee. 

The  House  concurred  therewith. 

Resolved,  That  the  following  persons  be  discharged  from  their  further 
attendance  on  Congress,  to  wit:  Hugh  McDonald,  John  McDonald,  Daniel 
Cameron,  James  McDonald  and  Daniel  McLean. 

Whereas  it  has  been  thought  necessary  to  fit  out  three  armed  vessels,  for 
the  protection  of  the  trade  of  this  Province,  Resolved,  That  the  following 
sums  be  paid  the  officers  and  seamen  employed  on  board  the  said  vessels 
by  the  month,  to  wit:  Captain  10 1.  wages,  and  4  1.  for  table,  Lieutenant 
8  1.  Master  8,1,  Mate  5  1.  15  s.  Doctor  8  1.  Boatswain  5 1.  Gunner  5  1.  Car- 
penter 5  1.  Clerk  51.  Armourer  41.  10  s.  Cooper  41.  101.  Captain  of  Ma- 
rines 8  1.  Marines  2  1.  13  s.  4  d.  Seamen  compleat  41.  Seamen  not  com- 
pleat  3  1.  That  all  other  officers  on  board  vessels  of  equal  force  and  bur- 
then, the  same  regulations  and  pay  as  by  Continental  establishment. 

Resolved,  That  the  following  persons  be  appointed  Paymasters  to  the 
militia,  viz.  Mr.  William  Green  for  the  district  of  Halifax,  Mr.  Matthew 
Lock  for  the  district  of  Salisbury,  Mr.  James  Council  for  the  district  of 
Wilmington,  Mr.  Thomas  Burke  for  the  district  of  Hillsborough,  Mr.  Wil- 
liam Blount  for  the  district  of  Newbern,  and  Mr.  Day  Ridley  for  the  dis- 
trict of  Edenton. 

Resolved,  That  the  Paymasters  of  the  militia  of  this  Colony  give  bond 
with  security,  each  in  the  sum  of  10,000  1.  for  the  faithful  application  of 
money  intrusted  to  them. 

Resolved,  That  every  householder  in  the  county  of  Surry  shall  have  a 
right  to  sit  and  vote  in  cqmmittees  for  said  county,  they  being  elected  by 
persons  having  a  right  to  vote,  agreeable  to  a  resolve  of  the  last  Congress 
at  Hillsborough. 

Resolved,  That  Thomas  Maader  be  discharged  from  his  parole. 

Resolved,  That  Thomas  Eaton,  Esq*  be  appointed  Colonel  of  the  militia, 
for  the  county  of  Bute,  in  the  room  of  Philemon  Hawkins,  jun.  resigned. 


Resolved,  That  Croondates  Davis,  Clerk  of  the  committee  of  Safoty  for 
the  district  of  Halifax,  be  allowed  10  1.  for  his  services. 

Resolved,  That  Memucan  Hunt,  Clerk,  of  the  committee  of  Safety  for 
the  district  of  Hillsborough,  be  allowed  10  I.  for  his  services. 

Resolved,  That  William  Bourke  be  discharged  from  his  parole  to  North- 
ampton,, and  that  he  be  enlarged. 

Resolved,  That  any  person,,  inhabitant  of  this  Colony,  who  shall  hereaf- 
ter take  arms  against  America  within  the  said  Colony,  or  shall  give  intelli- 
gence or  aid  to  the  open  enemies  thereof,  and  shall  be  convicted  ol  the  facts 
by  vote  of  Congress,  or  by  any  judicial  power  hereafter  to  be  appointed,, 
shall  forfeit  all  his  goods,  and  chattels,  lands  and  tenements,  to  the  people 
of  the  said  Colony,,  to  be  disposed  of  by  the  Congress,  or  other  general  re- 
presentation thereof;  and  moreover  be  considered  (when  taken)  as  a  pri- 
soner of  war,  unless  the  sentence  shall  be  mitigated  or  pardoned  by  the 
Congress,  or  other  general  representation. 

Mr.  Battle  and  Mr.  Nash,  have  leave  of  absence. 

Whereas  it  hath  been  represented  to  this  Congress  that  a  division  of  the 
committee  of  Observation  of  Pasquotank  county  will  give  ease  and  facility 
to  the  dispatch  of  public  business  within  their  department,  as  a  wide  river 
runs  thxough  said  county*,  near  the  middle  thereof;  Resolved,  That  the  said 
county,,  for  this  particular  purpose,  be,  and  it  is  hereby  divided  into  two 
distinct  and  separate  districts,  North  and  South,  by  the  middle  of  the  river; 
and  that  a  committee,  to  consist  of  IS  persons  in  each  district,  a  majority 
of  whom  shall  be  a  quorum,  shall  be  elected  on,  the  third  Monday  in  June 
next,  at  such  places  in  each  district  as  the  present  committee  shall  appoint, 
public  notice  of  which,  by  advertisements,,  the  Clerk  is  hereby  directed  to 
give  20  days  at  least  previous  thereto,,  at  not  less  than  two  of  the  most  pub- 
lic places  in  each  district;  and  these  elections  shall  be  conducted,  and 
these  committees  so  to  be  elected,,  regulated  and  governed,  by  the  same 
rules  and  restrictions  now  in  force,  made  and  entered  into  for  the  purpose 
of  instituting  county  committees  by  the  last  Congress  at  Hillsborough,  and 
also  for  amending  the  same  by  this  present  Congress. 

Resolved,  That  the  committee  of  Pasquotank  county,  after  the  third 
Monday  of  June  next,  be,  and  is  hereby  dissolved;  and  that  all  matters  and 
things  therein  pendant,  at  that  time  undetermined,  shall  be  transferred  to, 
and  determined  by  the  committee  of  the  district  where  such  matter  origina- 
ted, with  all  the  papers  thereunto  appurtaining. 

Resolved,  That  the  committees  of  both  districts  be  at  la»:ge  to  meet  at 
any  time  or  place  where  they  themselves  shall  think  proper,  provided  that 
the  time  and  place  of  the  first  meeting  of  each  of  those  committees  be  fixed 
by  the  present  committee  before  their  dissolution.  Provided  also,  that  the 
committees  of  each  district  may  meet  at  the  court  house  on  the  days  ap- 
pointed for  the  first  day  of  each  court,  to  act  in  conjunction,  and  be  conso- 
lidated. 

Resolved,  That  Alexander  McCortle  be  allowed  19  1.  10  s.  for  a  waggon, 
team  and  driver  on  the  late  expedition  to  Cross  Creek  against  the  Tories; 
that  the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed 
in  their  accounts  with  the  public. 

The  committee  appointed  to  settle  the  rations,  and  the  price  to  be  allow- 
ed the  Commissaries  for  victualling  the  army,  are  of  opinion  that  the  Com- 
missaries furnish  the  troops  the  same  rations  and  allowance  as  directed  by 


G3 
the  Continental  Congress,  or  money  to  the  value,  in  case  any  part  of  sa'ul 
allowance  cannot  be  supplied;  for  which  the  Commissaries  shall  receive 
10  d.  per  ration,  they  paying  all  necessary  carriage  while  their  respective 
regiments  remain  in  this  Province. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 

Resolved,  That  the  Treasurers,  or  each  of  them,  supply  each  of  the  Com- 
missaries appointed  by  this  Congress  to  the  Continental  troops,  stationed 
in  this  Province,  the  sum  of  2000  1.  they  first  giving  bond  and  security;, 
each  in  the  sum  of  10,000  1. 

Resolved,  That  the  Treasurers,  or  either  of  them,  supply  each  of  the 
Commissaries  appointed  by  this  Congress  to  the  independent  companies 
stationed  on  the  Sea  coast^  the  sum  of  250 1.  for  each  company  supplied  by 
them,  they  first  giving  bond  and  security,  each  in  the  sum  of  3000 1. 

Resolved,  That  James  Hepburn  be  permitted  his  parole  to  Charlotte 
town,  in  Mecklenburg  county,  with  permission  to  go  any  where  within  two 
miles  distance  from  the  said  town;  and  that  he  have  safe  conduct  for  him- 
self to  go  from  Halifax  to  the  said  town  within  two  weeks  from  this  time, 
and  for  his  family  and  effects  from  Cross  Creek  to  the  said  town  of  Char- 
lotte within  three  months  from  this  time. 

Resolved,  That  if  any  person  or  persons  shall  conceive  himself  or  them- 
selves aggrieved  by  any  resolve,  order^  or  determination,  of  the  Council  of 
Safety,  that  in  that  case  an  appeal  shall  and  may  be  had  to  the  next  Con- 
gress. 

Resolved^  That  the  commissioners  appointed  to  purchase  horses  in  the 
district  of  Hillsborough,  be,  and  are  hereby  impowered  to  draw  upon  the 
Treasurers,  or  either  of  them,  for  a  sum  not  exceeding  1300  1.  and  that 
each  of  the  commissioners  for  the  said  district  give  bond,  with  good  and 
sufficient  security,  in  the  sum  of  1000 1. 

Resolved,  That  the  commissioners  appointed  to  purchase  horses  in  the 
district  of  Salisbury,  be*  and  they  are  hereby  impowered  to  draw  upon  the 
Treasurers,  or  either  of  them,  for  a  sum  not  exceeding  2500  1.  and  that 
each  of  the  commissioners  for  the  said  district  give  bond,  with  good  and 
sufficient  security,  in  the  sum  of  1500  1* 

Resolved,  That  if  any  person  or  persons  shall  conceive  himself  or  them* 
selves  aggrieved  by  any  resolve,  order,  or  determination,  of  any  county  or 
town  committee,  that  in  that  case  an  appeal  shall  and  may  be  had  to  the 
Council  of  Safety,  and  their  determination  shall  be  final*  first  giving  bond 
avid  security  to  prosecute  such  appeal  with  effect. 

Resolved,  That  the  Commissaries  for  the  militia  now  under  marching 
orders,  be  impowered  to  receive  from  the  Commissai-y  of  Stores  a  sufficient 
quantity  of  the  provisions  heretofore  purchased  on  account  of  the  public 
to  victual  the  said  militia,  and  that  such  Commissaries  be  charged  the 
price  the  same  cost;  and  also  that  the  Treasurers  be  impowered  to  advance 
to  each  of  the  said  Commissaries  the  sum  of  200  1.  on  giving  bond  with  se- 
curity as  heretofore  directed. 

Resolved,  That  Mr.  Charles  Jacocks  be  appointed  Commissary  of  the 
militia  for  the  district  of  Edenton  when  on  actual  march. 

The  Congress  adjourned  till  to-morrow  morning,  eight  o'clock. 


u 

Tuesday,   May   14,    1776. 

The  Congress  met  according  to  adjournment. 

Resolved,  That  the  Quarter  Master  Genera!,  Nicholas  Long,  Esq.  be 
directed  to  furnish  the  troops  now  marching  to  the  assistance  of  this  Pro- 
vince from  Virginia,  with  all  barracks,  waggons,  provisions,  and  such  arti- 
cles as  may  be  necessary  for  them  on  their  march  from  this  place  to  Cape 
$ear;  and  that  on  the  arrival  of  the  troops  there,  Col.  William  Kennon  act 
as  Commissary  to  them,  in  case  they  have  no  Commissary  of  their  own. 

Resolved,  That  Cob  Nicholas  Long  be  allowed  72  1.  3  s.  7  d.  for  sundry 
persons  standing  on  guard,  rations,  liquors^  &c.  as  per  account;  that  the 
Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed  in  their 
accounts  with  the  public. 

Resolved),  That  Alexander  Long  be  allowed  5  I.  for  going  express  to  S'a^ 
lisbury;  that  the  Treasurers-,  or  either  of  them,  pay  the  same,  and  be  al- 
lowed in  their  accounts  with  the  public. 

Resolved-,  That  the  Treasurers  be,  and  are  hereby  ordered  to  pay  to  each 
of  the  Paymasters  of  the  militia  brigades  one  month's  pay,  to  be  ascertain- 
ed by  producing  to  the  Treasurer  who  shall  pay  the  money  a  roll,  contain- 
ing the  names  of  all  the  officers  and  soldiers  who  shall  begin  their  march  on 
actual  service*,  signed  by  the  commanding  officer  of  the  respective  batta^ 
lions  to  which  the  said  men  and  officers  belong,  and  a  list  of  all  the  wag- 
gons which  shall  be  actually  employed  to  attend  the  march,  certified  by  the 
Waggon  Master,  and  countersigned  by  the  commanding  officers  of  the  bat- 
talions respectively;  which  rolls  so  signed  and  certified,  together  with  the 
order  or  receipt  of  the  Paymaster,  shall  be  vouchers  for  the  Treasurer,  who 
shall  produce  the  same  upon  the  settlement  of  his  account  with  the  public* 
And  whereas  detachments  have  been  ordered  from  each  of  the  brigades  of 
militia  in  this  Colony  by  the  Congress,  and  it  will  be  necessary  that  the 
Treasurers  pay  to  such  Paymaster  a  sum  of  money  necessary  for  one 
month's  pay  of  the  said  detachments^  and  of  the  waggons  Which  may  be  re- 
quisite; Resolved,  That  the  Treasurers  pay  to  the  said  Paymasters  one 
month's  pay  for  such  detachments  as  have  been  ordered  from  each  respec- 
tive brigade,  and  one  month's  pay  of  waggons,  at  the  rate  of  one  waggon 
for  every  50  men  in  such  detachments;  provided,  that  no  commanding  of- 
ficer or  Waggon  Master  of  any  battalion  shall  give  more  than  one  such  roll 
or  certificate  to  any  Paymaster  within  any  one  month  during  the  same  ex^ 
pedition,  under  the  penalty  of  10,000 L 

Resolved,  That  George  Davidson  be  allowed  39  1.  for  waggon  hire  from 
Rowan  to  Cross  Creek,  in  the  expedition  against  the  Highlanders;  that 
the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed  in 
their  accounts  with  the  public. 

Resolved,  That  William  Knox  be  allowed  32  1.  5  s.  for  waggon  hire  from 
Rowan  to  Cross  Creek,  in  the  expedition  against  the  Highlanders;  that 
the  Treasurers,  or  either  of  them,  pay  him  the  same,  and  be  allowed  in 
their  accounts  with  the  public. 

Resolved,  That  the  Commissaries  of  the  Continental  army  have  power 
to  take  such  provisions  as  they  may  think  necessary  for  the  service  from, 
the  public  stores,  and  that  they  account  for  it  at  the  price  which  the  com- 
missioners charged,  and  that  the  same  shall  be  considered  as  so  much  mo- 
ney paid  on  account  of  the  sum  voted  to  be  advanced  to  them. 

Resolved^  That  the  stray  books  in  the  hands  of  Joseph  Hughes  (the  pre- 


•enl  jiteay  master)  in  Rowan,  be  immediately  taken,  ftom  him,  and  put  m 
the  hands  of  John  Graham,  who  is  hereby  appointed  to  that  office,  and  that 
he  be  allowed  the,  same  fee&  as  allowed  by  acts  of  Assembly  in  thai  ease- 

Resolved,  That,  Alexander  McAlister  be  appointed  stray  master  for  the. 
county  of  Cumberland,  Nathaniel  Richardson  for  the  comity  of  Bladen, 
and  John  Dent  for  the  county  of  Guilford,  and  that  they  take  possession 
of  the  books  and  papers  belonging  to  the  said  offices. 

Resolved,  That  in  case  of  the  death,  removal,  resignation  or  disqualifica.- 
tion  of  any  member  of  the  Council  of  Safety,  the  remaining  members  shall 
till  up  the  vacancy*  by  electing  one  from  the  said,  district. 

Resolved,  That  the  money  allowed  for  discharging  the  claims  of  the  mi- 
litia of  the  county  of  Orange,  be  paid  into  the  hands  of  Nathaniel  Roches- 
ter, Esq.  to  be  by  him  paid  to  the  officers  in  whose  name  the  same  was  al- 
ioweck;  on  the  said  officers  giving- to  him  the  pay  roll  by  which  the  same- 
was  allowed,  or  a  copy  thereof;  which  pay  roll  shall  be  tiled  by  the  Secre- 
tary of  this  Congress. 

Resolved,  That  the  Commissary  of  Stores  charge  15  per  cent,  on  all  the 
stores  which  he  shall  furnish  to  any  officer  or  soldier  on  his  private  ac- 
count, for  the  benefit  of  the  public,  to  be  applied  towards  defraying  inciden- 
tal charges;  and  that  the  said  Commissary  furnish  the  Paymaster  with  an 
account  of  all  such  stores  so  furnished  every  month,  to  be  deducted  from 
the  pay  of  the  officer  or  soldier  to  whom  the  same  shall  have  been  furnish- 
ed. 

Resolved,  That  the  ensuing  Congress  shall  be  held  at  the  town  of  Hali- 
fax on  the  10th  day  of  November  next,  unless  sooner  ordered  and  directed 
by  the  Council  of  Safety. 

Resolved,  That  the  Council  of  Safety  have  power  to  compel  all  Sheriffs 
and  other  collectors  of  taxes  and  duties  to  account  for  all  sums  of  money 
for  which  they  may  be  accountable,  and  to  pay  the  balances  which  shall 
appear  due  into  the  hands  of  the  Treasurers. 

Resolved,  That  Mr.  James  Coor  and  Mr.  James  Green,  jun.  be  appoint- 
ed to  revise  and  correct  for  the  press  the  Journal  of  the  proceedings  of  this 
Congress. 

Resolved,  That  the  Secretary,  as  soon  as  the  Congress  rises,  furnish  a 
fair  copy  of  the  Journal,  and  deliver  the  same  to  Mr.  James  Davis,  who  is 
desired  to  print  and  send  five  copies  to  each  county,  to  the  delegates  there- 
of, and  one  copy  to  each  county  and  town  committee. 

The  committee  appointed  to  take  under  consideration  the  petition  of  Jo- 
seph Jones  and  Co.  reported  as  follows:  Your  committee  having  fully  en- 
quired into  the  facts  set  forth  in  the  petition,  are  of  opinion  that  the  same 
are  just  and  true;  but  as  there  appears  a  probability  that  some  things  may 
yet  be  saved,  your  committee  are  of  opinion  that  the  nett  loss  cannot  be  as- 
certained until  the  amount  of  such  saved  articles  (salvage  deducted)  can 
be  extracted  from  the  gross  loss;  and  when  the  same  can  be  done,  and  sa- 
tisfactory proof  thereof  made,  your  committee  think  the  said  Mess.  Joseph 
Jones  and  Co.  should  be  considered  as  persons  injured  by  the  said  John 
Goodrich,  to  the  amount  of  such  nett  loss.  The  estimate  and  bill  of  lading 
are  annexed,  which  are  all  submitted  to  the  Congress. 

The  House  taking  the  same  into  consideration,  concurred  therewith. 
Resolved,  That  an  election  be  held  in  the  county  of  Edgecomb,  first  giv- 
ing the  usual  notice  in  such  cases,  for  electing  a  member  hi  said  county  t© 


ait  and  vote  in  Congress,  in  the  room  of  Henry  Irwin,  who  is  disqualified 
by  holding  a  commission  in  the  military  service;  that  the  same  be  conduct- 
ed under  the  same  rules  and  regulations  as  elections  heretofore  taken,  and 
the  said  election  may  be  held  any  time  between  the  10th  day  of  June  and 
the  10th  day  of  October,  1776. 

Resolved,  That  the  thanks  of  this  House  be  given  to  the  Hon.  Samuel 
Johnston,  Esq.  for  his  able,  faithful  and  assiduous  discharge  of  the  high 
and  important  duty  of  President  of  this  Congress;  having  in  that,  as  in  all 
other  stations,  approved  himself  the  firm  and  liberal  patron  of  liberty,  and 
a  wise  and  zealous  friend  and  assertor  of  the  rights  of  mankind. 

Ordered,  That  the  foregoing  orders  and  resolutions  be  signed  and  certi- 
fied as  the  acts  of  the  Congress,  by 

SAMUEL  JOHNSTON,  President. 

James  Gb.ee>-}  Jujt.  !3ec?iy% 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00034043400 


> 


This  book  must  not 
be  taken  from  the 
Library  building. 


Form  No.  471 


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I 


